SCHOOL  PROPERTY:   DELIVER  TO  YOUR  SUCCESSOR 
-J  UC-NHLF 


L  B 


B    20 


PUBLIC  SCHOOL 
LAWS  OF  ARIZONA 


cAPRIL  1,   1901 


PUBLISHED    BY  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

PHOENIX,  ARIZONA 


GIFT  OF 


PUBLIC  SCHOOL 
LAWS  OF  ARIZONA 

s  , 

r          •        •         II 


APRIL  J,  J90J 


PUBLISHED  BY  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

PHOENIX,  ARIZONA 


1901 
THE  H.  H.  M'NEIL  co.,  PRINTERS 

PHOENIX,   ARIZONA 


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INDEX. 


PAGE 

Anthem,  Territorial 53 

Appointment  of  Trustee,  When 13 

Appointment  of  Census  Marshal 21 

Apportionment  of  County  Fund 45 

Apportionment  of  Territorial  Fund 9 

Apportionment  of  Reserve  Fund 46 

Arboriculture 62 

Attendance,  Average 46 

Attendance,  Compulsory 35 

Blind,  Deaf  and  Dumb 55 

Board  of  Education 5 

Board  of  Examiners 7 

Boards  of  Trustees 20 

Board  of  Education,  High  Schools 33 

Books,  Text 48 

Bonds 24 

Census  Marshals,  Duties  of. 28 

Census  Marshals,  Special  Duty 50 

Census  of  all  Inhabitants,  When  Taken 50 

Certificates,  How  Granted 8 

Certificates  Without  Examination 8 

Cities,  Census  of. 50 

Clerks  of  School  Boards 30 

Compulsory  Attendance 35 

Code,  Penal,  Extracts  From 63 

County  School  Superintendent,  Duties  of. 11 

County  School  Fund 39 

Course  of  Study  Prescribed 6 

Course  of  Study,  Penalty  For  Not  Following. 38 

Deaf,  Dumb  and  Blind 55 

Diplomas,  Territorial 6 

Diplomas,  from  Arizona  Normals 37 

Diplomas  from  Other  States 8 

Districts,  School 17 

Districts,  High  School 32 

District  Attorney,  Adviser  When 55 

District.  When  Lapses 47 

Education,  Board  of. 5 

Education.  Compulsory 35 

Election  of  Trustee 1  18 

Elections,  to  Vote  on  Tax 42 

Elections,  to  Vote  on  Bonds 24 

Elections,  Who  May  Vote  at 19 

Estimates  for  Tax  Levy 46 

Examinations  for  Diplomas 6 

Examinations  of  Teachers 13 

Examiners,  Board  of. 7 

Forms,  Not  Supplied 65 

Fund,  County  School 39 

Fund,  Territorial  School 39 

Fund,  Special  District 42 

Governor,  President  Board  of  Education 5 

Governor,  Report  to 10 

High  Schools 32 


381358 


4  INDEX. 

Holidays • 31 

Institutes 16 

Instruction,  Must  Include 31 

Kindergarten  Schools 23 

Lands,  School  and  University 57 

Laws,  School 10 

Libraries 39 

Normal  School  Diplomas 8 

Penalties  for  Violations  of  Laws 63 

Powers  of  Trustees 20 

Powers  of  Board  of  Education 5 

Pupils 34 

Questions  for  Examinations 7 

Report  of  Superintendent  of  Public  Instruction 10 

Report  of  County  Superintendent 13 

Report  of  County  Treasurer 40 

Report  of  District  Clerk 46 

Report  of  School  Trustees 21 

Report  of  Census  Marshals 28 

Rules  and  Regulations  for  Government  of  Schools 67 

Schools 30 

School  Districts,  How  Formed 17 

School  Districts,  High 32 

School   Meetings 22 

School  Funds,  How  Apportioned 45 

School  Fund,  County 39 

School  Lands 57 

Song,  Official 53 

Special  Taxes 42 

Studies  Required  in  Schools 31 

Superintendent  of  Public  Instruction,  Duties  of. 9 

Taxes,  Territorial 39 

Taxes,  County 39 

Taxes,  Special 42 

Teachers,  Duties  of. 37 

Teachers,  Dismissal  of 38 

Teachers,  Reports  of. 37 

Text-books,  Adoption  of. : 48 

Treasurer,  County 40 

Warrants,  When  Drawn .  12 


PUBLIC  SCHOOL  LAWS. 


AN    ACT 

TO     REVISE     AND    CODIFY     THE     LAWS     OR 
ARIZONA. 


TITLE  17.     EDUCATION. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  Terri- 
tory of  Arizona  : 

CHAPTER  ONE. 
TERRITORIAL  BOARD  OF  EDUCATION. 

SECTION  1.  The  Territorial  Board  of  Education  shall 
consist  of  the  Governor,  the  Territorial  Treasurer,  Super- 
intendent of  Public  Instruction,  Principals  of  the  Terri- 
torial Normal  Schools  and  President  of  the  University  of 
Arizona,  of  which  the  Governor  shall  be  President  and  the 
Superintendent  of  Public  Instruction  shall  be  Secretary. 

2.  The  Board  shall  meet  at  the  call  of  the  Secretary, 
at  the  capital  of  the  Territory,  not  less  than  once  in  each 
year,  and  a  concurrence  of  a  majority  of  all  the  members 
of  the  Board  shall  be  necessary  to  the  validity  of  any  act 
of  the  Board. 

3.  The  powers  and  duties  of  the  Board  areas  follows: 

First.  To  adopt  rules  and  regulations,  not  incon- 
sistent with  the  laws  of  the  Territory,  for  its  own 
government  and  for  the  government  of  the  public  schools 
and  school  libraries. 

Second.  To  devise  plans  for  the  increase  and  manage- 
ment Of  the  Territorial  school  fund. 


6     ,{',  *  If,  sj ?       ; :  PUBLIC  SCHOOL  LAWS, 

Third.  To  prescribe  and  enforce  the  use  of  a  uniform 
series  of  text  books  in  the  public  schools;  provided,  no 
change  of  said  text  books  shall  be  considered  or  made  by 
the  Territorial  Board  of  Education,  except  at  its  regular 
meetings,  or  at  some  special  meeting  thereof  held  for  that 
purpose,  and  notice  of  such  intention  shall  be  communi- 
cated by  the  Secretary  of  said  Board,  in  writing,  to  each 
County  School  Superintendent  at  least  sixty  days  prior 
to  the  time  of  holding  such  meeting;  provided,  that  on 
the  adoption  of  a  uniform  series  of  text  books,  such  series 
shall  not  be  changed  during  the  period  of  four  years  next 
succeeding  the  adoption  of  such  series. 

Fourth.  To  prescribe  and  enforce  a  course  of  studies 
in  the  public  schools. 

Fifth.    To  adopt  a  list  of  books  for  school  libraries. 

Sixth.  To  grant  (1)  educational  diplomas,  valid  for 
six  years;  and  (2)  life  diplomas. 

Seventh.  To  revoke,  for  immoral  conduct  or  evident 
unfitness  for  teaching,  Territorial  diplomas. 

Eighth.  To  adopt  and  use,  in  the  authentication  of 
its  acts,  an  official  seal. 

Ninth.    To  keep  a  record  of  its  proceedings. 

Tenth.  To  grant  first-grade  Territorial  certificates, 
when  in  their  judgment  it  seems  advisable,  to  graduates 
of  universities  and  chartered  colleges  of  a  similar  rank. 

4.  Territorial  educational  diplomas  shall  be  issued  to 
such  persons  only  as  have  held  a  first-grade  Territorial  or 
county  certificate  for  at  least  one  year,  and   who   shall 
furnish  satisfactory  evidence  of  having  been  successfully 
engaged  in  teaching  for  at  least  five  years,  and  who  shall 
be  of  good  moral  character. 

5.  Every  application  for  a  Territorial  diploma  must 
be  accompanied  by  a  certified  copy  of  a  resolution  adopted 
by  the  Territorial   Board   of  Examiners,   recommending 
that  the  same  be  granted. 

6.  Life  diplomas  must  be  issued   upon  all  and  the 
same  conditions  as  educational  diplomas,  except  that  the 
applicant  must  furnish  satisfactory   evidence   of  having 


TERRITORY    OF    ARIZONA.  7 

been  successfully  engaged  in  teaching  for  at  least  ten 
years,  and,  in  addition  thereto,  the  applicant  must  pass 
an  examination  in  pedagogy,  history  of  education,  school 
economy  and  school  government. 

7.  All  diplomas  issued  by  said  Board  shall  be  signed 
by  a  majority  of  the  members  of  said  Board. 

8.  Every  person  receiving  a  Territorial  diploma  must 
pay  to  the  Board   five  dollars  to  defray  the  expenses  of 
issuing  said  diploma. 

CHAPTER  TWO. 
TERRITORIAL  BOARD  OF  EXAMINERS. 

SEC.  9.  The  Territorial  Board  of  Examiners  shall 
consist  of  the  Superintendent  of  Public  Instruction  and 
two  competent  persons  appointed  by  him,  a  majority  of 
whom  shall  constitute  a  quorum. 

10.  The  Superintendent  of  Public  Instruction  shall  be 
Chairman  of  the  Board. 

11.  The  Board  must  meet  at  such  times  and  places  as 
the  Chairman  directs,  and  must  hold  at  least  two  sessions 
in  each  year. 

12.  The  Board  has  power  : 

First.  To  adopt  rules  and  regulations  governing  the 
examination  of  applicants  for  Territorial  certificates,  and 
for  the  government  of  County  School  Superintendents  in 
conducting  the  examination  of  such  applicants  for  certi- 
ficates. 

Second.  To  prepare  questions  for  the  examination  of 
teachers,  and  to  forward  the  same  to  the  County  School 
Superintendents  for  use  in  the  quarterly  examinations, 
which  questions  shall  be  divided  into  four  lots,  each  lot  to 
be  enclosed  in  separate  envelope,  which  shall  be  sealed 
with  wax  bearing  the  imprint  of  the  seal  of  the  Territorial 
Board  of  Examiners,  and  shall  be  forwarded  to  the  School 
Superintendent  of  each  county.  The  School  Superinten- 
dent of  each  county,  in  the  presence  of  any  two  qualified 
count}'  officials  and  of  the  applicants  for  teachers'  certi- 
ficates, shall  open  one  lot  of  said  questions  and  distribute 


8  PUBLIC  SCHOOL  LAWS, 

same  to  the  applicants  at  each  session  of  the  examination, 
and  there  shall  be  no  interruption  of  said  session  until 
each  applicant  shall  have  handed  in  to  the  said  School 
Superintendent  his  or  her  examination  paper. 

Third.  To  grant  recommendations  for  life  and  educa- 
tional diplomas. 

Fourth.  To  grant  Territorial  certificates  of  the  first 
grade,  valid  for  four  years. 

Fifth.  To  grant  Territorial  certificates  of  the  second 
grade,  valid  for  three  years. 

Sixth.  To  revoke  certificates  of  teachers  who  are 
guilty  of  immoral  conduct  or  are  unfit  to  teach. 

Seventh.  The  Board  may,  at  the  expiration  of  the 
time  for  which  they  were  granted,  renew  certificates  for  a 
like  period  for  which  they  were  originally  granted. 

13.  Every    applicant    for    a    first-grade    Territorial 
certificate  must  be  examined  by  written  and  oral  questions 
in   algebra,  geography,   history   and    civics,   physiology, 
hygiene,  with  special  reference  to  the  nature  and  the  effects 
of  alcoholic  drinks   and   other  narcotics   and   stimulants 
upon    the    human    system,   natural   philosophy,   orthog- 
raphy,     defining,     penmanship,     composition,     reading, 
method  of  teaching,  grammar,  arithmetic  and  the  school 
laws  of  Arizona.    Applicants  for  a  second-grade  certificate 
shall  not  be  required  to  pass  an  examination  in  algebra  or 
natural  philosophy. 

14.  The  standing  in  each  study  must  be  endorsed 
upon  the  certificate,  otherwise  it  is  not  a  valid  certificate. 

15.  Normal  School  diplomas  from  any  State  Normal 
School  in  the  United  States,  and  life  diplomas  issued  by 
the  State  Board   of  Examination  or  Education  in  any 
State  of  the  United  States  must  be  recognized  by  this 
Territory  as  prima  facie  evidence  of  fitness  for  teaching ; 
and  the  Board  may,  on  application  of  the  holders  thereof, 
issue,  without  examination,  Territorial  certificates,  and 
fix  the  grade  thereof. 

16.  The  members  of  the  Board  shall  receive  each  an 
annual  salary  of  two  hundred  dollars,  payable  out  of  the 


TERRITORY   OF   ARIZONA.  9 

Territorial  school  fund  on  the  warrant  of  the  Territorial 
Auditor. 

CHAPTER  THREE. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

SEC.  17.  It  is  the  duty  of  the  Superintendent  of  Public 
Instruction : 

First.  To  superintend  the  public  schools  of  this  Ter- 
ritory. 

Second.  To  investigate  all  accounts  of  school  moneys 
kept  by  any  Territorial,  county  or  district  officer. 

Third.  To  apportion,  subject  to  the  supervision  of 
the  Territorial  Board  of  Education,  to  the  several  coun- 
ties, on  the  second  Monday  of  January,  June  and  Septem- 
ber of  each  year,  or  whenever  there  are  two  thousand 
dollars  in  the  Territorial  school  fund,  the  amount  of  money 
to  which  each  county  may  be  entitled  under  the  provisions 
of  this  Title,  according  to  the  number  of  persons  between 
the  ages  of  six  and  twenty-one  years,  as  shown  by  the  last 
census  list  of  the  several  counties,  and  to  furnish  each 
County  Treasurer  and  County  Superintendent  with  an 
abstract  of  such  apportionment.  He  shall  also  certify  such 
apportionment  to  the  Territorial  Auditor,  and,  upon  such 
certificate,  the  Auditor  shall  forthwith  draw  his  warrant 
on  the  Territorial  Treasurer  in  favor  of  the  County 
Treasurer  of  each  county  for  the  amount  due  said  county. 

Fourth.  To  prescribe  suitable  forms  and  regulations 
for  making  all  reports,  for  conducting  all  necessary  pro- 
ceedings under  this  Title,  and  shall  cause  the  same,  with 
such  instructions  as  he  may  deem  necessary  and  proper  for 
the  organization  and  government  of  schools,  to  be  trans- 
mitted to  the  County  Superintendents  for  distribution  to 
the  district  officers  and  teachers,  who  shall  be  governed  ju^ 
accordance  there  with.  He  shall  prepare  a  c 
of  school  register,  for  the  purpose  of  securii 
returns  from  teachers  of  public  schools,  and  si 
each  County  Superintendent  with  a  number  si 
supply  at  least  one  copy  thereof  to  each  distrid 


10  PUBLIC  SCHOOL  LAWS, 

of  such  county.  He  shall  also  supply  such  blank  teachers' 
certificates  as  may  be  prescribed  for  the  use  of  the  County 
School  Superintendents  He  shall  certify  the  cost  of  print- 
ing said  blanks,  registers  and  certificates,  together  with 
the  postage  or  expressage  necessary  to  convey  them  to  the 
County  School  Superintendents,  to  the  Territorial  Auditor, 
who  shall  draw  his  warrant  on  the  Territorial  Treasurer 
in  favor  of  the  person  to  whom  said  amount  is  due,  and  the 
Treasurer  shall  pay  said  warrant  out  of  any  money  in  the 
treasury  to  the  credit  of  the  Territorial  school  fund  ;  pro- 
vided, the  cost  of  printing  said  blanks  and  books  shall 
not  exceed  the  sum  of  six  hundred  dollars  annually. 

Filth.  He  shall  not  be  required  to  visit  the  public 
schools  in  the  different  counties,  but  shall  communicate  by 
mail  with  the  several  County  School  Superintendents. 

Sixth.  To  make  a  printed  report  on  or  before  the  first 
day  of  October  preceding  each  regular  session  of  the  Legis- 
lature to  the  Governor,  who  shall  transmit  a  copy  thereof 
to  the  Legislature.  Said  reports  shall  contain  a  full 
statement  of  the  condition  and  amount  of  all  funds  and 
property  appropriated  for  the  purposes  of  education,  the 
number  and  grade  of  schools  in  each  county,  the  number 
of  children  in  each  county  between  the  ages  of  six  and 
twenty-one  years,  the  number  of  such  attending  public 
schools,  also  the  number  of  children  between  the  ages  of 
eight  and  fourteen  years,  the  average  number  of  children 
that  have  attended  the  public  schools  during  the  two 
school  years  previous  to  July  1st  of  that  year,  the  number 
attending  private  schools,  the  number  that  can  read  and 
write,  the  amount  of  school  money  appropriated  to  each 
county,  the  amount  of  school  money  raised  by  county 
taxation,  district  taxation  or  otherwise,  the  amount 
expended  for  salaries  of  teachers  and  for  building  of 
schoolhouses,  a  statement  of  plans  for  the  management 
and  improvement  of  public  schools,  and  such  other 
information  relative  to  the  educational  interests  of  the 
Territory  as  he  may  deem  expedient. 

Seventh.  To  have  the  law  relating  to  public  schools 
printed  in  pamphlet  form,  and  annex  thereto  such  forms 
as  he  may  be  unable  to  supply  in  the  shape  of  blanks; 


TERRITORY  OF   ARIZONA.  11 

also  the  course  of  study,  rules  and  regulations  of  schools, 
a  list  of  such  books  as  may  be  recommended  by  the  Terri- 
torial Board  of  Education  for  school  libraries,  and  such 
suggestions  on  school  architecture  as  he  may  deem  useful. 
He  shall  certify  the  cost  of  printing  said  pamphlets  to  the 
Territorial  Auditor,  who  shall  draw  his  warrant  on  the 
Territorial  Treasurer  in  favor  of  the  person  to  whom  said 
amount  is  due,  and  the  Treasurer  shall  pay  said  warrant 
out  of  any  money  in  the  treasury  to  the  credit  of  the 
Territorial  school  fund ;  provided,  the  cost  of  printingsaid 
pamphlets  shall  not  exceed  the  sum  of  five  hundred 
dollars. 

Eighth.  To  supply  school  officers  and  teachers,  school 
libraries  and  the  Territorial  library  with  one  copy  each  of 
the  pamphlet  mentioned  in  the  preceding  subdivision. 

Ninth.  To  authenticate,  with  the  official  seal  of  the 
Board  of  Education,  all  writings  and  papers  issued  from 
his  office. 

18.  To  deliver  over,  at  the  expiration  of  his  term  of 
office,  to   his   successor,  all  property,  books,  documents, 
maps,  records,  reports  and  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use 
of  his  office. 

19.  The  office  of  the  Superintendent  of  Public  Instruc- 
tion shall  be  at  some  place  where  there  is  a  postoffice,  and 
he  shall  receive  a  salary  of  eighteen  hundred  dollars  per 
annum,  which  shall  be  paid  quarterly  out  of  the  Territorial 
school  fund,  upon  warrants  drawn  by  the  Auditor. 


CHAPTER  FOUR. 
COUNTY  SCHOOL  SUPERINTENDENT. 

SEC.  20.  It  shall  be  the  duty  of  the  County  School 
Superintendent  of  each  county  : 

First.  To  apportion  the  school  moneys  to  each  dis- 
trict of  his  county,  and  notify  the  County  Treasurer,  in 
writing,  of  the  amount  apportioned  to  each  district,  and 
also  to  immediately  notify,  in  writing,  the  Trustees  of  each 


12  PUBLIC  SCHOOL  LAWS, 

school  district  in  his  county  the  amount  apportioned  to 
their  several  districts  at  said  apportionment. 

Second.  On  the  order  of  the  Board  of  School  Trustees 
of  any  district,  to  draw  his  warrant  on  the  County  Treas- 
urer for  all  necessary  expenses  against  the  school  fund  of 
any  such  districts,  the  warrants  must  be  drawn  in  the 
order  in  which  the  vouchers  therefor  are  filed  in  his  office. 
No  warrant  shall  be  drawn  unless  the  money  is  in  the 
proper  fund  to  pay  it,  and  no  warrant  shall  be  drawn 
upon  the  order  of  the  Board  of  Trustees  against  the 
county  school  fund,  for  any  district,  except  for  teachers' 
salaries,  unless  such  order  is  accompanied  by  an  itemized 
bill  showing  the  separate  items,  and  the  price  of  each,  in 
payment  for  which  the  order  is  drawn,  nor  shall  any 
warrant  for  teachers 'salaries  be  drawn  unless  the  voucher 
shall  state  the  monthly  salary  of  the  teacher  and  the  name 
of  the  school  month  for  which  such  /salary  is  due.  Upon 
receipt  of  such  voucher,  the  County  Superintendent  shall 
draw  his  warrant  upon  the  County  Treasurer  in  favor  of 
the  parties,  and  for  the  amount  stated  in  such  voucher; 
provided,  that  no  warrant  shall  be  drawn  in  favor  of  any 
school  district  or  teacher  thereof  unless  monthly  reports 
or  fractional  reports  of  a  month  for  that  district  have  been 
filed  with  the  County  School  Superintendent;  to  keep  open 
to  the  inspection  of  the  public  a  register  of  warrants, 
showing  the  fund  upon  which  the  warrants  have  been 
drawn,  the  number  thereof,  in  whose  favor,  and  for  what 
service  drawn,  and  also  a  receipt  from  the  person  to  whom 
the  warrant  was  delivered.  He  shall,  at  each  quarterly 
meeting  of  the  Board  of  Supervisors  of  his  county,  make 
a  written  report  of  all  warrants  drawn  upon  the  school 
fund,  and  for  what  purpose,  and,  if  required,  shall  exhibit 
vouchers  therefor. 

Third.  To  preside  over  Teachers'  Institutes  held  in  his 
county,  and  to  secure  the  attendance  thereat  of  lecturers 
competent  to  instruct  in  the  art  of  teaching,  to  enforce  the 
course  of  study,  the  use  of  text  books,  and  the  rules  and 
regulations  for  the  examinations  of  teachers  prescribed  by 
the  proper  authority. 

Fourth.  To  conduct  quarterly  examinations  of  teach- 
ers for  certificates  in  accordance  with  the  rules  of  the 


TERRITORY  OF  ARIZONA.  13 

Territorial  Board  of  Examiners,  and  to  forward  to  said 
Board  all  answer  papers,  unmarked,  submitted  by  the 
applicants  for  certificates.  He  shall  receive  for  conducting 
such  examinations  fifty  dollars  per  annum,  payable  out  of 
the  county  school  funds. 

Fifth.  To  certify  to  the  Territorial  Board  of  Exam- 
iners the  names  of  persons  who  appeared  before  him  for 
examination. 

Sixth.  To  distribute  all  laws,  reports,  circulars, 
instructions  and  blanks  which  he  may  receive  for  the  use 
of  school  officers. 

Seventh.  To  keep  in  his  office  the  reports  of  the  Super- 
intendent of  Public  Instruction,  the  .reports  of  the  School 
Trustees,  Marshals  and  teachers  received  by  him ;  to 
record  all  official  acts  in  a  book  to  be  provided  for  that 
purpose,  and  at  the  close  of  his  term  of  office  to  deliver 
over  to  his  successor  such  records  and  all  documents, 
books  and  papers  belonging  to  his  office,  and  to  take  a 
receipt  for  the  same,  which  shall  be  filed  in  the  office  of  the 
County  Treasurer.  'f  ~»-i 

Eighth.    To  keep  a  record  of  his  official  acts. 

Ninth.  To  pass  upon,  approve  or  reject  accounts 
against  school  districts.  J  *r< 

Tenth.  To  appoint  Trustees  of  school  districts  to  nil 
all  vacancies  caused  by  a  failure  to  elect  or  otherwise. 
Such  appointees  shall  hold  office  for  the  full  period  of  ttie 
vacant  term. 

Eleventh.  To  make  reports,  when  directed  by  the 
Superintendent  of  Public  Instruction,  showing  such  mat- 
ters relating  to  public  schools  in  his  county  as  may  be 
required  of  him  on  the  blanks  furnished  him  by  the  Super- 
intendent of  Public  Instruction. 

Twelfth.  To  notify  immediately  the  Board  of  School 
Trustees  of  the  several  districts  in  his  county,  upon  the 
receipt  of  notice  from  the  Territorial  Board  of  Education, 
of  any  meeting  to  be  held  by  them  for  the  purpose  of 
examining  or  inquiring  into  the  expediency  of  a  change  of 
text  books,  as  provided  in  Subdivision  Three  (3)  of  Sec- 
tion Three  of  this  Title. 


14  PUBLIC  SCHOOL  LAWS, 

Thirteenth.  In  counties  of  the  first  class,  he  shall  visit 
each  and  every  school  in  his  county  at  least  twice  a  year; 
he  shall  advise  and  consult  with  teachers  and  School 
Trustees  as  to  the  better  methods  of  conducting  the 
schools ;  and  in  counties  other  than  first  class,  shall 
visit  each  school  in  his  county  at  least  once  each  school 
term,  to  confer  with  the  teachers  and  school  officers  as  to 
the  best  methods  of  conducting  schools,  and  audit  the 
financial  accounts.  In  addition  to  the  salary  already 
allowed  by  law,  shall  receive  his  traveling  expenses,  not 
to  exceed  one  hundred  and  fifty  dollars  per  year.  Such 
expense  account  shall  be  audited  and  allowed  by  the 
Board  of  Supervisors  as  other  claims  are  audited  and 
allowed,  and  shall  be  paid  out  of  the  general  school  fund. 

21.  If  he  fails  to  make  a  full  and  correct  report  re- 
quired under  the  provisions  of  this  Title  at  the  time  fixed 
by  the  Superintendent  of  Public  Instruction,  he  forfeits 
fifty  dollars  of  his  salary,  and  the  Board  of  Supervisors, 
upon  receiving  notice  from  the  Superintendent  of  Public 
Instruction  of  such  failure,  must  deduct  the  amount  for- 
feited from  his  salary. 

22.  He  may,  when  there  is   sufficient  money  in   the 
fund  of  any  school  district  to  maintain  a  school  therein 
for  five  months,  if  the  Trustees  fail  or  refuse  to  have  such 
school  kept,  appoint  a  teacher  and  open  and  keep  open 
such  school,  and  may  draw  his  warrant  upon  the  fund  of 
such  school  district  for  the  expenses  incurred. 

23.  He  may,  at  his  discretion,  require  the  Trustees  of 
any  district  to  repair  the  school  buildings  or  property,  or 
to  abate  any  nuisance  in  or  about  the  premises,  if  such 
repairs  or  abatement  can  be  done  for  a  sum  not  exceeding 
fifty  dollars,  and  there  is  a  sufficient  amount  of  money  in 
the  treasury  to  the  credit  of  the  district.    He  may  also,  in 
all  cases,  require  the  Trustees  to  provide  suitable  out- 
houses; and  if  the  Trustees  neglect  to  make  such  provision, 
he  may  cause  it  to  be  done  and  pay  for  it  on  his  warrant 
on  the  County  Treasurer,  payable  out  of  any  money  to  the 
credit  of  the  district;  provided,  said  warrant  shall  be 
countersigned  by  the  Chairman  of  the  Board  of  Super- 
visors. 


TERRITORY   OF  ARIZONA.  15 

24.  The  County  School  Superintendent,  shall,  unless 
otherwise  provided  by  law,  in  the  month  of  September  in 
each  year,  grade  each  school,  and  a  record  thereof  shall  be 
made  in  a  book  to  be  kept  by  the  County  School  Superin- 
tendent in   his   office  for  said    purpose,   and   no  teacher 
holding  a  certificate  below  the  grade  of  said  school  shall 
be  empk>3red  to  teach  the  same;  provided,  that  in  cases 
where  it  is  impracticable  to   obtain  a  teacher  holding  a 
certificate  of  the  proper  grade  for  any  part  of  a  school 
year,  the  Board  of  Trustees  of  any  district  may  employ  a 
teacher  holding  a  certificate  in   the  next    lower   grade, 
subject,  however,  to  the  approval  of  the  County  Superin- 
tendent.    All  schools  shall  be  designated  as  primary  or 
grammar. 

25.  Each    County    School    Superintendent    may,  in 
writing,  appoint  a  deputy,  such  appointment  to  be  filed  in 
the  office  of  the  County  Recorder,  and  no  salary  payable 
out  of  the  school  fund  shall  be  allowed  such  deputy.    Such 
deputy  shall  qualify  by  taking  the  usual  oath  of  office  and 
filing  the  same  in  the  office  of  the  County  Recorder,  and 
shall  have  and  exercise  the  same  powers  as  the  County 
School  Superintendent,  who  shall  be  responsible  upon  his 
bond  for  the  official  acts  of  his  deputy. 

26.  It  shall  be  the  duty  of  every  County  School  Super- 
intendent to  inquire  and  ascertain  if  the  boundaries  of  the 
school   districts  in   his  county  are  definitely  and   plainly 
described  in  the  records  of  the  Board  of  Supervisors,  and 
to  keep  in  his  office  a  full  and  correct  transcript  of  such 
boundaries.    In  case  the  boundaries  of  districts  are  con- 
flicting or  incorrectly  described,  he  shall,  upon  order  of  the 
Board   of  Supervisors,  change,  harmonize  and    describe 
them,  and  make  a  report  of  such  action  to  the  Supervisors, 
and,  on  being  ratified  by  the  Supervisors,  the  boundaries 
and  description  so  made  shall  be  the  legal  boundaries  and 
description  of  the  districts  of  that  county. 

27.  The    County    School    Superintendent    and    his 
deputy   are  hereby   authorized    to    administer  oaths    or 
affirmations  to  teachers,  and  all  other  oaths  or  affirma- 
tions relating  to  schools,  and  shall  receive  no  compensation 
therefor. 


16  PUBLIC  SCHOOL  LAWS, 

28.  The  salaries  of  the  County  School  Superintendent 
shall  be  one  thousand  five  hundred  dollars  annually  in 
counties  of  the  first  class,  and  three  hundred  dollars 
annually  in  all  other  counties,  in  all  counties  payable 
quarterly  out  of  the  county  school  fund.  All  warrants  for 
salary,  postage  and  expressage  shall  be  countersigned  by 
the  Chairman  of  the  Board  of  Supervisors. 


CHAPTER  FIVE. 

TEACHERS'  INSTITUTE. 

SEC.  29.  That  hereafter  every  applicant  for  a  teach- 
ers *  certificate  or  other  authority  to  teach,  upon  presenting 
his  or  her  application,  shall  pay  the  County  School 
Superintendent  a  fee  of  two  (2)  dollars,  to  be  by  him 
immediately  deposited  with  the  County  Treasurer  to  the 
credit  of  a  fund  to  be  known  as  Teachers'  Institute  Fund. 
All  funds  so  credited  shall  be  drawn  out  only  upon  the 
warrant  of  the  County  School  Superintendent  upon  the 
County  Treasurer  in  payment  of  the  expense  of  County 
Teachers'  Institute. 

30.  Whenever  the  number  of  school  districts  in  any 
county  is  ten  or  more,  the  County  School  Superintendent 
thereof  shall  hold  at  least  one  Teachers'  Institute  in  each 
year,  and  shall  notify  the  teachers  in  each  district  of  the 
time  and  place  of  holding  said  Institute,  and  every  teacher 
employed  in  a  public  school  in  the  county  shall  attend 
such  Institute  and  participate  in  its  proceedings,  unless 
good  cause  is  shown  for  non-attendance. 

31.  Each  session  of  the  Institute  must  continue  not 
less  than  three  nor  more  than  five  days. 

32.  When  the  Institute  is  held  during  the  time  that 
teachers  are  employed  in  teaching,  their  pay  must  not  be 
diminished  by  reason  of  their  attendance,  and  each  teacher 
in  attendance"  shall  be  allowed  mileage  at  the  rate  of  ten 
cents  a  mile,  one  way,  from  his  or  her  school  to  the 
Institute,  to  be  computed  by  the  most  direct  line,  and 
shall  be  paid  out  of  the  Institute  Fund,  after  paying  the 
other  expenses  of  the  Institute;   if  there  is  not  enough 


TERRITORY  OF  ARIZONA.  17 

money  in  such  fund  to  pay  such  mileage,  then  said  money 
shall  be  pro-rated  among  the  teachers  in  attendance. 

33.  The  County  School  Superintendent  must  keep  an 
accurate  account  of  the  actual  expenses  of  said  Institute, 
with  vouchers  for  the  same,  and  draw  his  warrant  on  the 
County  Treasurer,  payable  out  of  the  Teachers'  Institute 
Fund  ;  provided,  that  such  amount  drawn  does  not  exceed 
the  amount  of  the  Teachers'  Institute  Fund  in  the  hands 
of  the  County  Treasurer. 

34.  The  Superintendents   of  two   or  more  counties 
may  unite  and  hold  a  joint  Institute,  in  which  case  the 
expenses  must  be  apportioned  between  the  counties  join- 
ing in  the  Institute;  provided,  such  expenses  do  not  exceed 
twenty-five  dollars  for  each  county. 

CHAPTER  SIX. 
SCHOOL  DISTRICTS. 

SEC.  35.  Each  regularly  organized  school  district 
heretofore  formed,  or  that  may  be  formed,  shall  be  desig- 
nated as  School  District  No (using  the  number  of  the 

district),  of County  (using  the  name  of  the 

county  in  which  such  district  is  situated),  and  in  that 
name  the  Trustees  may  sue  and  be  sued,  and  hold  and 
convey  property  for  the  use  and  benefit  of  such  district. 

36.  No  new  districts  can  be  formed  unless  the  parents 
or  guardians  of  at  least  ten  school  census  children,  resident 
of  such  proposed  new  district,  and  residing  at  a  greater 
distance  than  two  miles  from  any  district  school  house, 
present  a  petition  to  the  County  School  Superintendent, 
setting  forth  the  boundaries  of  the  new  district  asked  for; 
provided,  however,  that  in  districts  containing  more  than 
two  hundred  and  fifty  school  census  children,  as  shown  by 
the  next  preceding  school  census,  upon  a  petition  signed 
by  the  residents  of  the  district  who  pay  a  majority  of  the 
taxes  in  said  district,  a  new  district  may  be  formed  03-  the 
subdivision  of  the  old  one,  even  if  the  distance  be  less  than 
two  miles  from  the  district  school  house, 

37.  After  giving  due  notice  to  all  parties  interested  by 
posting  notices  in  three  public  places  in  the  district,  one  of 


18  PUBLIC   SCHOOL  LAWS, 

which  shall  be  at  the  door  of  the  school  house  for  at  least 
one  week,  the  County  School  Superintendent  must  trans- 
mit the  petition  to  the  Board  of  Supervisors,  with  his 
approval  or  disapproval.  If  he  approves  the  petition,  he 
may  note  such  changes  in  the  boundaries  as  he  may  think 
desirable. 

38.  The   Board   of  Supervisors   must  at  their  first 
meeting  after  the  receipt  of  the  petition  act  upon  the  same. 
If  the  Board  establishes  the  district,  they  may  do  so  in 
accordance  with  the  prayer  of  the  petition,  or  with  such 
modifications  as  they  may  choose  to  make. 

39.  No  new  district  formed  by  the  subdivision  of  an 
old  one  is  entitled   to  any  share  of  the  public  moneys 
belonging  to  the  old  one  until  a  school  has  been  actually 
commenced  in  such  new  district. 

40.  Unless  within  four  months  after  the  making  of  an 
order  creating  a  new  district,  school  is  opened  therein,  the 
order  will  cease  to  have  effect. 

41.  When  a  new  district  is  formed  by  the  division  of 
an  old  one,  the  County  School  Superintendent  must,  after 
the  payment  of  the  debts,  divide  the  money  to  the  credit 
of  the  old  district  at  the  time  school  was  commenced  in 
the  new  district,  and  such  as  may  be  apportioned  to  the 
old   district,  according   to   the  number  of  school  census 
children   resident  in  each   district,  for  which  purpose  he 
may  order  a  census  taken. 

42.  An  election  shall  be  held  on  the  last  Saturday  of 
March  in  each  year,  and  at  such  election  there  shall  be 
elected  one  Trustee  in  each  school  district,  who  shall  hold 
office  for  the  term  of  three  years   from   the  Saturday  in 
April  next  succeeding  his  election.     At  the  first  election 
held  in  a  newly  formed  district,  three  School  Trustees  shall 
be  elected,  one  for  a  term  of  one  year,  one  for  a  term  of 
two  years,  and  one  for  a  term  of  three  years  from  the  first 
Saturday  in  April  next  succeeding  his  election.     The  elec- 
tion provided  for  in  this  section  must  be  held  in  the  district 
school  house,  if  there  is  one,  and  if  there  is  none,  at  a  place 
to  be  designated  by  the  Board  of  School  Trustees. 


TERRITORY  OF   ARIZONA.  19 

43.  The  Clerk    of  each    School    Board    shall    cause 
written  or  printed  notices  to  be  posted,  specifying  the  day 
and  the  place  of  such  election  and  the  time  during  which 
the  ballot-box  will  be  kept  open.     Said   notices  shall  be 
posted  in  at  least  three  public  places  in  the  district,  one  of 
which  shall  be  at  the  school  house,  if  there  be  one,  at  least 
fifteen  days  previous  to  the  time  of  election.    If  the  Clerk 
fail  to  give  such  notice,  then  any  two  legal  voters  residing 
in  the  district  may  give  similar  notice  of  such  election  at 
least  ten  days  prior  thereto. 

44.  The  Trustees  must  appoint,  the  inspector,  judges 
and  clerk  of  election ;  if  none  are  so  appointed,  or  if  those 
appointed  are  not  present  at  the  time  of  opening  the  polls, 
the  electors  present  may  select  them. 

45.  The  polls  must  be  opened  at  9  o'clock  a.  m.  and 
closed  at  4  o'clock  p.m. 

46.  All  elections  shall  be  by  ballot. 

47.  Every    person,    male    or   female,   of  the  age  of 
twenty-one  years  or  over,  who  is  a  citizen  of  the  United 
States,  and  who  has  been  a  resident  of  the  district  for 
thirty  days  immediately  preceding  the  day  of  election,  and 
who  is  the  parent  or  guardian  of  a  child   of  school   age 
residing  in  the  district,  or  who  has  paid  a  Territorial  or 
count}'  school  tax,  exclusive  of  poll  tax,  during  the  pre- 
ceding year,  is  eligible  to  election  to  the  office  of  Trustee, 
and    shall    be    entitled    to    vote    at  any  school    district 
election;  provided,  that  every  woman  offering  to  vote  at 
such  election  (who  is  otherwise  qualified  under  this  section) 
and  whose  husband  or  father  is  or  was  a  citizen  of  the 
United  States,  shall  be  treated  and  considered  as  a  citizen 
of  the  United  States  lor  the  purpose  of  voting  at  such 
election.    Any  person  offering  to  vote  may  be  challenged 
by  any  legally  qualified  elector  of  the  district,  and  the 
Judges  must  thereupon  administer  the  following  oath  to 
the  person  challenged  :    4<  You  do  solemnly  swear  that  you 
are  a  citizen  of  the  United  States  and  are  now,  and  have 
been,  a  resident  of  this  school  district  during  the  thirty 
days  preceding  this  election ;  that  you  are  the  parent  or 
guardian  of  a  child  of  school  age  in  this  school  district,  or 
that  you  have  paid  in  this  county  a  Territorial  or  county 


20  PUBLIC  SCHOOL  LAWS, 

school  tax  during  the  past  year,  and  that  you  have  not 
voted  at  this  election,  so  help  you  God."  If  he  or  she 
takes  the  oath  prescribed  in  this  section,  his  or  her  vote 
must  be  received,  otherwise  the  vote  must  be  rejected. 

48.  A  poll  and  tally  list  must  be  kept  and  returned  to 
the  Board  of  Trustees. 

49.  The  officers  of  election  must,  after  counting  the 
votes,  make  and  deliver  certificates  of  election  to  the  per- 
sons elected,  a  copy  of  which,  with  the  oath  of  office 
attached,    must    be   forwarded    to    the    County    School 
Superintendent;  said  Trustees  are  hereby  authorized  to 
administer  to  each  other  the  oath  of  office. 

50.  The  powers  and  duties  of  Boards  of  Trustees  of 
school  districts  are  as  follows  : 

1.  It  shall  be  the  duty  of  the  Trustees,  any  two  of 
whom  shall  constitute  a  quorum  for  the  transaction  of 
business,  to  meet  as  soon  as  practicable  after  the  com- 
mencement of  their  term  of  office,  at  such  place  in  the 
district  as  may  be  most  convenient,  and  to  organize  by 
appointing  one  of  their  number  Clerk  of  the  Board  and 
notifying  the  County  School  Superintendent  of  the  same. 

2.  To  prescribe  and  enforce  rules  not    inconsistent 
with  law  or  those  prescribed  by  the  Territorial  Board  of 
Education  for  their  own  government  and  the  government 
of  schools. 

3.  To  manage  and  control  the  school  property  within 
their  district. 

4.  To  purchase  school  furniture  and  apparatus,  and 
such  other  things  for  the  use  of  schools  as  may  be  neces- 


5.  To    rent,  furnish,   repair  and    insure    the    school 
property  of  their  respective  districts. 

6.  When  directed  by  a  vote  of  their  district,  to  build 
school  houses,  or  to  purchase  or  sell  school  lots. 

7.  To  make,  in  the  name  of  the  district,  conveyances 
of  all  property  belonging  to  the  district  and  sold  by  them. 


TERRITORY   OF  ARIZONA,  21 

8.  To  employ   under  a   written    contract,   teachers, 
janitors  and  employees  of  schools ;  to  fix  and  order  paid 
their  compensation.     Boards  of  Trustees  may  at  any  time 
after  the  annual  school  election  and  qualification  of  new 
members  of  the   School   Board,   enter  into  contract  for 
teachers,  janitors  and  other  employees  for  the  next  suc- 
ceeding school  year.    No  relation  of  any  Trustee  shall  be 
employed   in  the  district  where  he  is  Trustee  except  by 
unanimous  consent  of  Trustees. 

9.  To  expel  pupils  for  misconduct. 

10.  To  exclude  from  school  children  under  six  years 
of  age. 

11.  To  enforce  in  schools  the  course  of  study  and  the 
use  of  the  text  books  prescribed  and  adopted  by  the  proper 
authority. 

12.  To  appoint  district  librarians  and  enforce  the 
rules  prescribed  for  the  government  of  school  libraries. 

13.  To  exclude  from  school  and  school  libraries  all 
books,  publications  or  papers  of  a  sectarian,  partisan  or 
denominational  character. 

14.  The  School  Board  of  Trustees  of  any  school  dis- 
trict may,  with  the  concurrence  of  the  School   Board  of 
Trustees  of  any  other  district  or  districts,  admit  pupils 
from  either  of  said  districts  to  a  school  within  its   own 
district;    provided,   however,   that   said    pupils  shall    be 
enumerated  in  the  district  where  they  may  attend,  and  in 
case  the  Trustees  fail  to  agree,  the  parents  of  such  children 
may  appeal  to  the  County  School  Superintendent,  whose 
decision  shall  be  final. 

15.  On  the  first  day  of  May,  eighteen  hundred  and 
ninety-one,  and  every  year  thereafter,  to  appoint  a  school 
census  marshal  and  notify  the  County  School  Superin- 
tendent thereof. 

16.  To  make  an  annual  report  on  or  before  the  first 
day  of  July  to  the  County  School  Superintendent,  in  the 
manner  and  form,  and  on  the  blanks   prescribed   by  the 
Superintendent  of  Public   Instruction   or  County  School 
Superintendent. 


22  PUBLIC  SCHOOL  LAWS, 

17.  To  make  a  report,  whenever  required,  directly  to 
tire  Superintendent  of  Public  Instruction,  or  to  the  County 
School  Superintendent. 

18.  To  visit  every  school  in  the  district  at  least  once 
in  each  quarter,  and  examine  carefully  into  its  manage- 
ment, condition  and  wants. 

.19.  Boards  of  Trustees  shall  call  meetings  of  the 
qualified  school  electors  of  the  district  for  determining  or 
changing  the  location  of  the  school  house,  or  for  con- 
sultation in  regard  to  any  litigation  in  which  the  district 
may  be  engaged,  or  be  likely  to  become  engaged,  or  in 
regard  to  any  other  affairs  of  the  district,  or  upon  a 
petition  of  one-third  of  the  qualified  school  electors  of  their 
district. 

51.  Such  meetings  shall  be  called  by  posting  notices 
in  the  usual  places  for  not  less  than  ten  days  previous  to 
the  time  for  which  the  meeting  shall  be  called ;  which 
notices  shall  specify  the  purposes  for  which  said  meeting 
shall  be  called ;  and  no  other  business  shall  be  transacted 
at  said  meeting.     District  meetings  shall  be  organized  by 
choosing  a  chairman  from  the  electors  present,  and  the 
District  Clerk  shall  be  clerk  of  the  meeting  and  enter  the 
minutes  thereof  in  the  records  of  the  district.    At  any  such 
meeting  any  person  attempting  to  vote  on  any  question 
arising  before  said  meeting  may  be  challenged  in  the  same 
manner  and  with  like  force  and   effect  as   prescribed  in 
Section  47. 

52.  A  meeting  thus  called  shall  be  competent  to  in- 
struct the  Board  of  Trustees : 

1.  In  regard  to  the  location  or  change  of  location  of 
a  school  house. 

2.  In  regard  to  purchase  and  sale  of  school  sites. 

3.  In  regard  to  the  erection  of  school  buildings. 

4.  In  regard  to  prosecuting,  settling  or  compromising 
any  litigation   in  which  the  district  may  be  engaged   or 
likely  to  become  engaged.     All  funds  raised   by  sale  of 
school  property  may  be  disposed  of  by  direction  of  a  dis- 
trict meeting;  provided,  that  said  funds  so  raised  shall  be 


TERRITORY   OF   ARIZONA.  23 

used  for  school  purposes  only.  District  meetings  may  be 
adjourned  from  time  to  time  as  found  necessary  ;  and  all 
votes  instructing  the  Board  of  Trustees  shall  be  taken  by 
ballot;  the  Board  of  Trustees  shall  be  bound  by  the 
instructions  of  the  district  meeting  in  regard  to  the  sub- 
jects mentioned  in  this  section.  All  moneys  due  any  school 
district  from  the  sale  of  any  school  property  shall  be  paid 
by  the  purchaser  of  said  property  to  the  County  Treas- 
urer, who  shall  place  the  same  to  the  credit  of  the  district 
making  such  sale,  and  shall  furnish  such  purchaser  a 
receipt  for  said  money,  and  notify  the  County  School 
Superintendent  of  the  same. 

5.  In  regard  to  establishing,  assisting,  supporting  or 
maintaining  kindergarten  schools  for  the  instruction  of 
children  under  six  years  of  age,  or  granting  the  use  of 
school  property  for  such  purpose.  The  Board  of  Trustees, 
when  instructed  thereto  by  such  meeting,  may  establish 
kindergarten  schools  for  the  purpose  of  instructing  chil- 
dren under  the  age  of  six  years  during  such  period  in  each 
year  as  may  be  determined  upon  by  such  meeting ;  may 
purchase  and  supply  therefor  proper  and  needful  kinder- 
garten material  and  accessories,  or  contribute  toward  the 
purchase  thereof;  may  employ  competent  teachers  there- 
for, and  use  or  devote  any  part  of  the  school  funds  to  the 
credit  of  such  district  for  the  maintenance  and  support 
thereof,  or  they  may  grant  the  use  of  all  or  any  portion  of 
the  school  property  or  buildings  for  such  kindergarten, 
provided  that  such  use  shall  not  conflict  with  the  regular 
public  school  uses,  or  they  may  assist  or  contribute 
toward  the  support  of  a  private  kindergarten  school  to  be 
selected  by  the  meeting,  such  amounts  as  directed;  pro- 
vided, that  in  all  cases  the  meeting  may  direct  that  any 
portion  of  the  expenses  shall  be  assessed  per  capita  upon 
the  pupils  enrolled  or  attending.  And  in  any  case  the 
Board  of  Trustees  may  at  their  option  require  the  teacher 
of  such  school  to  pass  a  special  examination  in  such 
manner  as  they  may  prescribe,  or  may  require  such 
teacher  to  furnish  satisfactory  evidence  of  his  or  her  fitness 
and  qualifications  for  such  special  kindergarten  instruc- 
tion. The  teachers  of  such  schools  shall  make  like  reports 
as  are  required  of  teachers  of  public  schools.  And  the 


24  PUBLIC   SCHOOL  LAWS, 

vouchers  issued  by  the  Board  of  Trustees  for  payments  of 
expenses  incurred  under  the  provisions  of  this  subdivision 
shall  be  honored  and  paid  by  the  County  Treasurer  upon 
the  warrant  of  the  County  Superintendent,  which  shall  be 
issued  thereon  under  the  same  conditions  and  subject  to 
the  same  restrictions  as  apply  to  other  vouchers  and 
warrants. 

53.  The  Board  of  Trustees  of  any  school  district  may, 
when  in  their  judgment  it  is  advisable,  and  must  upon 
petition  of  a  majority  of  the  heads  of  families  residing  in 
the  district,  call  an  election  and  submit  to  the  taxpayers 
of  the  district  whether  the  bonds  of  such  district  shall  be 
issued  and  sold  for  the  purpose  of  raising  money  for  pur- 
chasing or  leasing  school  lots,  and  for  building  one  or 
more  school  houses,  and  supplying  the  same  with  fur- 
niture, necessary  apparatus,  and  improving  the  grounds, 
and  for  liquidating  any  indebtedness  already  incurred  for 
such  purposes. 

54.  Such  election  must  be  called  by  posting  notices, 
signed  by  the  Board,  in  three  of  the  most  public  places  in 
the  district,  for  not  less  than  twenty   days  before  the 
election ;   and  if  there  is  a  newspaper  published  in  the 
county,  by  publishing  such  notice  therein   not  less  than 
once  a  week  for  three  successive  weeks. 

55.  Such  notice  must  contain : 

1.  The  name  and  place  of  holding  such  election. 

2.  The  names  of  three  Judges  to  conduct  the  same. 

3.  The  hours  during  the  day  (not  less  than  six  hours) 
in  which  the  polls  will  be  open. 

4.  The  amount  and  denomination  of  the  bonds,  the 
rate  of  interest,  and  the  number  of  years,  not  exceeding 
twenty,  the  whole  or  any  part  of  said  bonds  are  to  run. 

56.  Such  election  shall  be  held,  except  as  otherwise 
provided  in  this  Title,  in  conformity   with  the  general 
election  laws  of  the  Territory  of  Arizona,  excepting  the 
words  to  appear  upon  the  ballots,  which  shall  be,  "Bonds, 
yes";  or,  "Bonds,  no." 


TERRITORY  OF  ARIZONA.  25 

57.  On  the  seventh  day  after  said  elections,  at  one 
o'clock  p.  m.,  the  returns  having  been  made  to  the  Board 
of  Trustees,  the  Board  must  meet  and  canvas  said  returns  ; 
and  if  it  appear  that  two-thirds  of  the  votes  cast  at  said 
election   were  in  favor  of  issuing  such  bonds,   then  the 
Board  shall  cause  an  entry  of  that  fact  to  be  made  upon 
its  minutes,  and  shall  certify  to  the  Board  of  Supervisors 
of  the  county  all  the  proceedings  had  in  the  premises,  and 
thereupon  said  Board  of  Supervisors  shall  be  and  they  are 
hereby  authorized  and  directed  to  issue  the  bonds  of  such 
district,  to  the  number  and  amount  provided    in  such 
proceedings,  payable  out  of  the  Building  Fund  of  such 
district,  naming  the  same,  and  that  the  money  shall  be 
raised   by   taxation  upon  the  taxable  property  in  said 
district  for  the  redemption  of  said  bonds  and  the  payment 
of  the  interest  thereon;  provided,  that  no  school  district 
shall  issue  bonds  for  the  purposes  herein  specified  to  an 
amount  in  the  aggregate,  including  its  existing  indebted- 
ness, exceeding  four  per  centum  on  the  value  of  the  taxable 
property  within  such  school  district,  to  be  ascertained  by 
the  last  assessment  for  Territory  and  county  taxes  pre- 
vious to  the  issuing  such  bonds. 

58.  The  Board- of  Supervisors,  by  an  order  entered 
upon  its  minutes,  shall  prescribe  the  form  of  said  bonds, 
and  of  the  interest  coupons  attached  thereto,  and  must  fix 
the  time  when  the  whole  or  any  part  of  the  principal  of 
said  bonds  shall  be  payable,  which  shall  not  be  more  than 
twenty  years  from  the  date  thereof. 

59.  Said  bonds  must  not  bear  a  greater  amount  of 
interest  than  seven  per  cent,  said  interest  to  be  payable 
annually,  and  said  bonds  must  be  sold  in  the  manner 
prescribed  by  the  Board  of  Supervisors,  but  not  for  less 
than  par,  and  the  proceeds  of  the  sale  thereof  must  be 
deposited  in  the  county  treasury  to  the  credit  of  the  Build- 
ing Fund  of  said  school  district,  and  be  drawn  out  for  the 
purpose  aforesaid,  as  other  school  moneys  are  drawn. 

60.  The  Board  of  Supervisors,  at  the  time  of  making 
the  levy  of  taxes  for  county  purposes,  must  levy  a  tax  for 
that  year  upon  the  taxable  property  in  such  district,  for 
the  interest  and  redemption  of  said  bonds,  and  such  t$ix 


26  PUBLIC   SCHOOL  LAWS, 

must  not  be  less  than  sufficient  to  pay  the  interest  of  said 
bonds  for  that  year  and  such  portion  of  the  principal  as  is 
to  become  due  during  such  year,  and  in  any  event  must  be 
high  enough  to  raise,  annually,  for  the  first  half  of  the 
term  said  bonds  have  to  run.  a  sufficient  sum  to  pay  the 
interest  thereon,  and  during  the  balance  of  the  term  high 
enough  to  pay  such  annual  interest,  and  to  pay,  annually, 
a  proportion  of  the  principal  of  said  bonds  equal  to  a  sum 
produced  by  taking  the  whole  amount  of  said  bonds  out- 
standing and  dividing  it  by  the  number  of  years  said 
bonds  then  have  to  run ;  and  all  money  so  levied,  when 
collected,  shall  be  paid  into  the  county  treasury  to  the 
credit  of  the  Building  Fund  of  such  district,  and  be  used  for 
the  payment  of  principal  and  interest  on  said  bonds,  and 
for  no  other  purpose.  The  principal  and  interest  on  said 
bonds  shall  be  paid  by  the  County  Treasurer  upon  the 
warrant  of  the  County  School  Superintendent  out  of  the 
fund  provided  therefor;  and  it  shall  be  the  duty  of  the 
County  School  Superintendent  to  cancel  and  file  with  the 
Treasurer  the  bonds  and  coupons  as  rapidly  as  they  are 
paid. 

61.  If  the  Board  of  Supervisors  of  any  county  which 
has  issued  bonds  under  the  provisions  of  this  Title  shall 
fail  to  make  the  levy  necessary  to  pay  such  bonds  or 
interest  coupons  at  maturity,  and  the  same  shall  have 
been  presented  to  the  County  Treasurer,  and  the  payment 
thereof  refused ,  the  owner  may  file  the  bond,  together  with 
all  unpaid  coupons,  with  the  Territorial  Auditor,  taking 
his  receipt  therefor,  and  the  same  shall  be  registered  in  the 
Territorial  Auditor's  office;  and  the  Territorial  Board  of 
Equalization  shall  at  their  next  session  and  at  each 
annual  equalization  thereafter  add  to  the  Territorial  tax 
to  be  levied  in  said  district  a  sufficient  rate  to  realize  the 
amount  of  principal  or  interest  past  due  prior  to  next 
levy,  and  the  same  shall  be  levied  and  collected  as  a  part 
of  the  Territorial  tax,  and  paid  into  the  Territorial  treas- 
ury, and  passed  to  the  special  credit  of  such  district  bond 
tax,  and  shall  be  paid  by  warrants,  as  the  payments 
mature,  to  the  holder  of  such,  registered  obligations  as 
shown  by  the  register  in  the  office  of  the  Territorial 
Auditor  until  the  same  shall  be  fully  satisfied  and 


TERRITORY   OF   ARIZONA.  27 

discharged,  any  balance  then  remaining  being  passed  to 
the  general  account  and  credit  of  said  district. 

62.  Whenever  any  bonds  issued  under  the  provisions 
of  this  Title  shall   remain   unsold   for  the  period   of  six 
months  after  having  been  oifered  for  sale  in  the  manner 
prescribed  by  the  Board  of  Supervisors,   the  Board  of 
Trustees  of  the  school  district  for  or  on  account  of  which 
such  bonds  were  issued,  or  of  any  school  district  composed 
wholly  or  partly  of  territory  which  at  the  time  of  holding 
the  election  mentioned  in    Section   Four  was  embraced 
within  the  district  for  or  on  account  of  which  such  bonds 
were  issued,  may  petition   the   Board   of  Supervisors  to 
cause  such  unsold  bonds  to  be  withdrawn  from  market 
and  cancelled.    Upon  receiving*  such  petition,  signed  by  a 
majority  of  the  members  of  said   Board  of  Trustees,  the 
Supervisors  shall  fix  a  time  for  hearing  the  same,  which 
shall  not  be  more  than  thirty  days  thereafter,  and  shall 
cause  a  notice,  stating  the  time  and  place  of  hearing  and 
the  object  of  the  petition  in  general  terms,  to  be  published 
for  ten  days  prior  to  the  day  of  heating  in  some  news- 
paper published  in  said  school  district,  if  there  is  one,  and 
if  there  is  no  newspaper  published  in  said  school  district, 
then  in  a  newspaper  published  at  the  county  seat  of  the 
county  in    which   such   school   or  some    part    thereof  is 
situated.     At  the  time  and  place  designated  in  the  notice 
of  hearing  said   petition,  or  at  any  subsequent  time  to 
which  said   hearing  may  be  postponed,  the   Supervisors 
shall   hear  any   reasons   that  may   be  submitted   for  or 
against  the  granting  of  the  petition,  and  if  they  shall  deem 
it  for  the  best  interests  of  the  school  district  named  in  the 
petition  that  such  unsold   bonds  be  cancelled,  they  shall 
make  and  enter  an  order  in  the  minutes  of  their  proceed- 
ings that  said  unsold  bonds  are  cancelled,  and  thereupon 
said  bonds  and  the  vote  by  which  they  were  authorized  to 
be  issued  shall  cease  to  be  of  any  validity  whatever. 

63.  Boards  of  Trustees  must  maintain  all  the  schools 
established  by  them  for  an  equal  length  of  time  during  the 
year,  and,  as  far  as   practicable,  with  equal  rights   and 
privileges.     The  minimum  school  term  in  fifth  and  sixth- 
class  counties  shall  be  three  months. 


28  PUBLIC  SCHOOL  LAWS, 

64.  Writing  paper,  pens,  ink  and   slate  pencils   and 
crayons  for  the  use  of  schools  must  be  furnished  under  the 
direction  of  the  Board  of  Trustees. 

65.  Boards  of  Trustees  must  use  the  school  moneys 
received  from  the  Territorial  and  county  apportionments 
exclusively  for  the  payment  of  teachers  and  contingent 
expenses  for  that  school  year,  until  at  least  a  six  months' 
school  shall  have  been  maintained ;   and  if  at  the  end  of 
any  year  there  is  an  unexpended  balance,  it  may  be  used 
for  the  payment  of  claims  against  the  district  for  teachers' 
salaries  and  contingent  expenses,  or  it  may  be  used  for 
maintaining  school  the  following  year. 

66.  If  any  Board  of  Trustees  fail  to  appoint  a  Census 
Marshal  at  the  proper  time,  and  through  such  failure  the 
district  is  omitted  in  the  apportionment  of  school  moneys, 
then  in  such  case  the  Trustees  are  hereby  made,  jointly  and 
severally,  personally  liable  to    the    district    for  the  full 
amount  which  the  district  would  have  received  but  for 
such  failure. 

67.  Boards  of  Trustees  are  liable  as  such,  in  the  name 
of  the  district,  for  any  judgment  against  the  district,  for 
salary   due  any   teacher  on  contract,  and   for  all   debts 
contracted  under  the  provisions   of  this  Title,  and  they 
shall  pay  such  judgments  or  liabilities  out  of  the  school 
moneys  to  the  credit  of  such  district. 


CHAPTER  SEVER 
DISTRICT  CENSUS  MARSHALS. 

SEC.  68.  1.  It  shall  be  the  duty  of  the  Census 
Marshal  to  take  the  census  of  all  the  children  between  six 
and  twenty-one  years  of  age  in  his  district. 

2.  To  report  the  result  of  his  labors  to  the  County 
School  Superintendent  on  or  before  the  first  day  of  July  of 
the  year  in  which  the  census  is  taken. 

69.  His  report  must  be  made  under  oath,  upon  blanks 
furnished  by  the  Superintendent  of  Public  Instruction,  and 
must  show : 


TERRITORY   OF   ARIZONA. 

1.  The  number,   age,   sex,   color  and  nationality  of 
children  listed,  Indians  and  Chinese  excepted. 

2.  The  names  of  parents  and  guardians  of  said  chil- 
dren. 

3.  The  number  of  children  between  theagesof  six  and 
twenty-one. 

4.  The  number  of  children  between  the  ages  of  eight 
and  fourteen. 

5.  The  number  attending  public  schools. 

6.  The  number  attending  private  schools. 

7.  The  number  not  attending  school. 

8.  Such  other  facts  as  the  Superintendent  of  Public 
Instruction  may  designate. 

•  70.  He  must  include  in  his  report  all  children  that  are 
absent,  attending  institutions  of  learning,  but  whose 
parents  or  guardians  are  residents  of  the  district. 

71.  He  must  not  include  in  his  report  children  who 
are  attending  school  in  his  district,  but  whose  parents  do 
not  reside  therein. 

72.  He  shall  visit  each  habitation,  home,  residence, 
domicile  or  place  of  abode  in  his  district,  and  by  actual 
observation    and    interrogation    enumerate    the    census 
children  of  the  same. 

73.  Whenever  a  district  is  formed  lying  partl}r  in  two 
adjoining  counties,  the  Census  Marshal   must  report  to 
each  County  School  Superintendent  the  number  of  children 
in  each  county  within  the  district. 

74.  The  Census  Marshal  shall  have  power  to  admin- 
ister oaths  to  parents  and  guardians. 

75.  If  at  any  time  the  County  School  Superintendent 
has  reason  to  believe  that  a  correct  report  has  not  been 
returned,  he  may   appoint  a   Census   Marshal,  have  the 
census  retaken,  and  the  compensation  for  the  same  shall 
be  paid  out  of  the  school  fund  of  that  district,   on   a 
warrant  on  the  County  Treasurer,  countersigned  by  the 
Chairman  of  the  Board  of  Supervisors. 


30  PUBLIC  SCHOOL  LAWS, 

76.  The  compensation  of  Census  Marshals  must  be 
audited  and  paid  as  other  claims  allowed  by  the  Trustees 
of  the  district  are  audited  and  paid.  If  the  Census 
Marshal  neglect  or  refuse  to  make  his  report  at  the  time 
and  in  the  manner  herein  required,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars,  or  imprison- 
ment for  not  more  than  three  months. 


CHAPTER  EIGHT. 
CLERKS  OF  SCHOOL  DISTRICTS. 

SEC.  77.    It  is  the  duty  of  the  Clerk  : 

1 .  To  act  as  Clerk  of  the  Board  and  keep  a  record  of 

its  proceedings  without  compensation. 

• 

2.  To  keep  an  itemized  account  of  the  receipts  and 

expenditures  of  school  moneys. 

3.  To  keep  his  records  and  the  accounts  open  to  the 
inspection  of  the  electors  of  the  district. 

4.  To  discharge  such  other  duties  as  may  be  pre- 
scribed by  the  Board. 

78.  The  Clerk  of  each  district  must,  under  the  direc- 
tion of  the  Board  of  Trustees,  provide  all  school  supplies, 
and  keep  the  school  house  in  repair  during  the  time  the 
school  is  taught  therein.     No  order  on  an y  County  School 
Superintendent  for  any  teacher's  salary,  or  other  expense, 
shall  be  valid  unless  signed  by  at  least  two  members  of  the 
Board  of  Trustees. 

79.  The  Clerk    may  act    as  Assessor,   Collector   or 
Marshal,  in  which  case  he  must  be  paid  the  same  com- 
pensation which  would  have  been  allowed  by  the  Board 
to  any  other  person. 

CHAPTER  NINE. 

4 

SCHOOLS. 

SEC.  80.    The  school  year  shall  begin  on  the  first  day 
of  July  and  end  on  the  last  day  of  June. 


TERRITORY  OF  ARIZONA.  31 

81.  A  school  month  is  considered  and  taken  to  be 
twenty  school  days  or  four  weeks  of  five  days  each ;  pro- 
vided, that  when  any  of  the  following  days :   the  first  dav 
of  January,   the    twenty-second    day    of   February,    the 
thirtieth  day  of  May,  the  fourth  day  of  July,  the  twenty- 
fifth   day   of   December,  the  annual  Thanksgiving    Day, 
occur  within  the  school  week,  the  schools  shall  be  closed, 
and  the  pay  of  the  teacher  shall  not  be  diminished  on  that 
account. 

82.  Every  school,  unless  otherwise  provided  by  law, 
must  be  open  for  the  admission  of  children  between  six 
and  twenty-one  years  of  age,  residing  in  the  district.    And 
the  Board  of  Trustees  have  power  to  admit  adults  and 
children  not  residing  in  the  district  bwt  within  the  Terri- 
tory,  whenever    good    reasons  exist  therefor.     Trustees 
shall  have  the  power  to  exclude  children  of  filthy  or  vicious 
habits,  or  children  suffering  from  contagious  or  infectious 
diseases. 

83.  All  schools  not  otherwise  provided  by  law,  may 
be  divided  into  primary  and  grammar  schools. 

84.  All  schools  must  be  taught  in  the  English  lan- 
guage. 

85.  Instruction    must    be    given    in     the    following 
branches,    viz:     Reading,    writing,    orthography,    arith- 
metic, geography,  grammar,  history  of  the  United  States, 
elements  of  physiology,  hygiene,  including  the  nature  of 
alcoholic  drinks  and  narcotics  and  special  instruction  as 
to  their  effect  upon  the  human  system,  elements  of  book- 
keeping, industrial  drawing,  and  such  other  studies  as  the 
Territorial  Board  of  Education  may  prescribe,  but  no  such 
other  studies  can  be  pursued  to  the  neglect  or  exclusion  of 
the  studies  enumerated. 

86.  Instruction    must    be    given    during    the    entire 
school  course  in  manners  and  morals. 

87.  No  school  must  be  continued  in  session  more  than 
six  hours  a  day,  and  no  pupil  under  eight  years   of  age 
must  be  kept  in  school  more  than  four  hours  a  day. 

88.  No  books,  tracts  or  papers  of  a  sectarian  char- 
acter shall    be   used  in,   or  introduced    into   any   school 


32  PUBLIC  SCHOOL  LAWS, 

established  under  the  provisions  of  this  Title,  nor  shall 
any  sectarian  doctrine  be  taught  therein,  nor  shall  any 
school  whatever  under  the  control  of  any  religious  denomi- 
nation, or  which  has  not  been  taught  in  accordance  with 
the  provisions  of  this  Title,  receive  any  of  the  public  school 
funds,  and  upon  satisfactory  evidence  of  such  violation  the 
County  School  Superintendent  must  withhold  all  appor- 
tionments of  school  moneys  from  said  school. 


CHAPTER  TEN. 
HIGH  SCHOOLS. 

SEC.  88.  Any  school  district  of  one  thousand  or  more 
inhabitants  may,  by  a  majority  vote  of  the  qualified 
electors  thereof,  establish  and  maintain  a  High  School; 
or  two  or  more  adjoining  school  districts  having  a  joint 
population  of  one  thousand  or  more  inhabitants,  may 
unite  and  form  a  Union  High  School  district,  for  the  pur- 
pose of  establishing  and  maintaining  a  High  School 
therein  at  the  expense  of  such  district  or  Union  High 
School  district. 

.  89.  When  a  majority  of  the  Board  of  Trustees  of  a 
district  in  which  there  are  one*  thousand  or  more  inhabit- 
ants, or  a  majority  of  the  Trustees  of  two  or  more 
adjoining  districts  shall  unite  in  a  petition  to  the  County 
Superintendent,  accompanied  by  a  petition  for  the  estab- 
lishment of  such  High  School,  signed  by  not  less  than  one 
hundred  resident  electors  of  such  district  or  districts,  it 
shall  be  the  duty  of  the  County  School  Superintendent 
within  twenty  days  to  call  an  election  for  the  deter- 
mination of  such  question.  Public  notices  of  such  election, 
not  less  than  five  in  such  single  district,  and  not  less  than 
three  for  each  district  composing  a  Union  district,  shall  be 
posted,  one  of  which  shall  be  upon  the  door  of  the  school 
house  in  each  district,  at  least  ten  days  before  said  elec- 
tion. Said  election  shall  be  conducted  in  the  manner 
prescribed  by  law  for  conducting  elections  to  vote  upon 
the  levying  of  a  school  district  tax. 


As  amended  by  Act  No.  61,  Twenty-first  Legislative  Assembly. 


TERRITORY  OF  ARIZONA,  33 

90.  The  ballots  at  such   elections  shall  contain  the 
words,  "For  High  School,"  and  the  voter  shall  write  or 
print  thereafter  on   the  ballot  the   word   "yes,"   or  the 
word  "no."    It  shall  be  the  duty  of  the  officers  of  such 
elections  to  report  the  result  to  the  County  Superintendent 
of  Schools. 

91.  If  a  majority  of  such  votes  be  cast  in  favor  of  a 
High  School,  it  shall  be  the  duty  of  the  County  Superin- 
tendent to  call  a  mass  meeting  of  the  qualified  voters  in 
such  single  district,   or  of  the  school   districts   uniting, 
within  fifteen  days,  for  the  purpose  of  locating  the  said 
High  School.    He  shall  cause  public  notices  to  be  posted 
in  each  district  as  aforesaid,  and  said  meeting  shall  be 
conducted  in  the  manner  prescribed  in  Section  51. 

92.  In   any  single  district,   or    Union    High    School 
districts,  which  have  determined  to  establish  such  High 
Schools,  an  annual  tax  shall  be  levied  by  the  authorities 
whose  duty  it  is  to  levy  taxes  in  counties,  cities,  or  incor- 
porated towns,  the  amount  of  said  tax  being  estimated  by 
the  County  Superintendent  of  Schools,  and  by  him  certified 
to  the  proper  authorities  on  or  before  the  first  day  of  July 
of  each  year.     And  it  shall  be  the  duty  of  such  authorities 
to  levy  such  a  rate  upon  the  property  in  said  single  district, 
or  Union  High  School  district,  as  will  produce  the  amount 
estimated  to  be  necessary  for  such  purpose. 

93.  The  Board  of  Education  to  have  charge  of  the 
High  School  shall  consist : 

1.  In  any  single  High  School  district,  of  the  three 
School  Trustees  of  such  district. 

2.  In  any  Union  High  School  district,  of  five  members, 
three  of  whom  shall  be  the  School  Trustees  of  the  school 
district  in  which  such  High  School  is  situated.    The  two 
additional  members  shall  be  elected   from  the  remaining 
territory  of  the  Union   district  at  the  time  and   in   the 
manner    and    for    the    same  term   of   office  that   School 
Trustees   are  elected ;    provided,   however,   that  nothing 
herein  contained  shall  affect  the  present  term  of  office  of 
any  Trustee  in  any  Union  High  School  now  organized. 


34  PUBLIC   SCHOOL  LAWS, 

94.  Said  Board  of  Education  shall  elect  a  Chairman 
and  Clerk  at  the  first  meeting  held  after  the  election  of  the 
Board,  and  each  year  thereafter,  after  the  regular  annual 
election,  and   shall  notify  the  County  Superintendent  of 
the  result  of  their  action.     For  the  management  of  the 
High  Schools,  the  Board  shall   have  all  the  powers  and 
duties  that  are  now  or  may  hereafter  be  vested  in  School 
Trustees. 

95.  The  course  of  study  of  such  High  Schools  shall  be 
prescribed  by  the  High  School  Board,  subject  to  approval 
by  the  Territorial  Board  of  Education,  and  shall  be  such 
as,  when  completed,  shall  prepare  its  students  for  admis- 
sion into  the  Territorial  University. 

96.  Applicants,   residents   of   any  single  district  or 
Union  School  district,  shall  be  admitted  to  the  High  School 
upon  passing  an  examination   to  be  conducted   by  the 
principal  of  the  High  School.     Non-residents,  otherwise 
qualified,  may  be  admitted  upon  the  same  conditions  as 
residents,  upon  paying  a  reasonable  tuition  fee,  to  be  fixed 
by  the  Board  in  charge  of  the  school. 


CHAPTER  ELEVEN. 

PUPILS. 

SEC.  97.  All  children  between  the  ages  of  six  and 
twenty-one  years  who  are  residents  of  this  Territory,  must 
be  admitted  into  the  schools  of  this  Territory. 

98.  All  pupils  must  comply   with    the  regulations, 
pursue  the  required  course  of  study,  and   submit  to  the 
authority  of  the  teachers  of  the  school. 

99.  Continued  open  defiance  of  the  authority  of  the 
teacher  and  habitual  profanity  and  vulgarity  constitute 
good  causes  for  expulsion  from  school. 

100.  Any  pupil  who  cuts,  defaces  or  otherwise  injures 
any  school   house  or  outbuildings    thereof   is    liable    to 
suspension  or  expulsion,  and  upon  the  complaint  of  the 
teacher  or  Trustees,   the  parents   or  guardians   of  such 
pupils  shall  be  liable  for  all  damages. 


TERRITORY  OF  ARIZONA.  35 

101.  Every  parent,  guardian  or  other  person  in  the 
Territory  of  Arizona,  having  control  of  any  child  or  chil- 
dren between  the  ages  of  eight  and  fourteen  years,  shall  be 
required  to  send  such  child  or  children  to  a  public  school, 
or  private  school  taught  by  a  competent  instructor,  for  a 
period  of  at  least  twelve  weeks  in  each  year,  six  weeks  of 
which  time    shall    be  consecutive;    provided,   that    such 
parent,  guardian  or  other  person  having  control  of  such 
child  or  children  shall  be  excused  from  such  duty  by  the 
School  Board  of  the  district  whenever  it  shall  be  shown  to 
its  satisfaction  that  one  of  the  following  reasons  exists 
therefor,  to- wit : 

1.  That  such  child  is  taught  at  home  by  a  competent 
instructor  in  such  branches  as  are  usually  taught  in  the 
public  schools. 

2.  That  such  child  has  already  acquired  the  branches 
of  learning  taught  in  the  public  schools. 

3.  That  such  parent,  guardian  or  other  person  is  not 
able  by  reason  of  poverty  to  properly  clothe  such  child. 

4.  That  such  child  is  in  such  physical  or  mental  con- 
dition ( as  declared  by  a  competent  physician,  if  required 
by  the  Board )  to  render  such  attendance  inexpedient  or 
impracticable. 

5.  That  there  is  no  school  taught  the  requisite  length 
of  time  within  two  and  one-half  miles  of  the  residence  of 
such  child  by  the  nearest  traveled  road  ;  provided,  that  no 
child  shall  be  refused  admission  to  any  public  school  on 
account  of  race  or  color. 

102.  Any  parent,  guardian  or  other  person  failing  to 
comply  with  the  provisions  of  Section  101  of  this  Title 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction be  fined  in  a  sum  not  less  than  five  and  not  more  than 
twenty-five  dollars  for  such  offense;  said  action  shall  be 
prosecuted  in  the  name  of  the  Territory  of  Arizona  before 
any  Court  of  competent  jurisdiction,  and  all  fines  so  col- 
lected shall  be  paid  into  the  county  treasury  and  placed  to 
the  credit  of  the  school  fund  of  the  district  in  which  the 
offense  occurs. 


36  PUBLIC  SCHOOL  LAWS, 

103.  It  shall  be  the  duty  of  the  Clerk  of  each  school 
district,  not  later  than  twenty  days  after  the  commence- 
ment of  each  school  term,   to  furnish  a  Deputy  Sheriff, 
Constable,  City  Marshal  or  other  peace  officer  with  a  list 
of  names  of  all  children  between  eight  and  fourteen  years 
of  age  not  in  attendance  at  school;  and  any  District  Clerk 
failing  to  furnish  such  list  within  the  time  specified  herein, 
shall  be  guilty  of  a  misdemeanor  and  liable  to  a  fine  in  any 
sum  not  to  exceed  ten  dollars  for  each  offense,  and  such 
fine  when  collected  shall  be  paid  into  the  county  treasury 
and  placed  to  the  credit  of  the  school  fund  of  the  district 
in  which  the  offense  occurs. 

104.  It  shall  be  the  duty  of  the  said  Sheriff,  Con- 
stable, City  Marshal  or  other  peace  officer  of  the  precinct 
in  which  said  school  district  is  located,  to  inquire  into  all 
such  cases  of  neglect  of  the  duties  prescribed  in  this  Title 
and  ascertain  from  the  person  neglecting,  the  reason,  if 
any,  therefor;  and  if  there  be  no  legal  excuse  shown,  shall 
forthwith  proceed  to  secure  the  prosecution  of  any  offense 
occurring  under  this  Title ;  and  any  Deputy  Sheriff,  Con- 
stable, City  Marshal  or  other  peace  officer  neglecting  to 
secure  the  prosecution   of  such   offense,  within   ten   da3rs 
after  receiving  the  list  mentioned   in   Section  103,  unless 
the  person  so  complained  of  shall  be  excused  by  the  Board 
of  Trustees  for  the  reasons   hereinbefore  stated,  shall   be 
deemed  guilty  of  a  misdemeanor  and  liable  to  a  fine  in  any 
sum  not  to  exceed  fifty  dollars ;  and  such  fine,  when  col- 
lected, shall  be  paid  into  the  county  treasury  and  placed 
to  the  credit  of  the  school  fund  of  the  district  in  which  the 
offense  occurred. 

105.  If,  upon  the  trial  of  any  offense  as  charged  in 
Section  104,  it  shall  be  made  to  appear  to  the  satisfaction 
of  the  Court  or  Judge  trying  the  same  that  such   prose- 
cution was  malicious,  then  the  costs  in  such  case  shall  be 
adjudged  against  the  complainant  or  person  instituting 
such  proceedings  and  collected  as  fines  in  other  cases. 

CHAPTER  TWELVE. 

TEACHERS. 

SEC.  106.    The  holders  of  diplomas  issued  by  the  Ter- 
ritorial Board  of  Education,  or  by  the  Board  of  Education 


TERRITORY   OF   ARIZONA.  37 

of  the  Normal  Schools  of  Arizona,  are  eligible  to  teach  in 
any  public  school  of  the  Territory. 

107.  Holders  of  Territorial  certificates  are  eligible  to 
teach  as  follows: 

1.  Those  of  the  first  grade,  in  grammar  schools. 

2.  Those  of  the  second  grade,  in  primary  schools  and 
as  assistants  in  grammar  schools,  except  in  the  first  grade. 

108.  Every  teacher  in  a  public  school  must : 

1.  Before  assuming  charge  of  a  school,  file  his  or  her 
certificate  with  the  County  School  Superintendent, 

2.  On  taking  charge  of  a  school,  or  when  closing  a 
term  of  school,  immediately  notify  the  County  School 
Superintendent  of  such  fact. 

3.  Enforce  the  course  of  study,  the  use  of  text-books 
and  the  rules  and  regulations  prescribed  for  schools. 

4.  Hold  pupils  to  a  strict  account  for  disorderly  con- 
duct on  the  way  to  and  from  school,  exercise  a  supervision 
over  pupils  on  the  playgrounds  and  during  recess,  suspend 
from  school  for  good  cause  any  pupil,  and  report  such 
suspension  to  the  Board  of  Trustees  for  review.    If  such 
action  is  not  sustained  by  them,  the  teacher  may  appeal 
to  the  County  School  Superintendent,  whose  decision  shall 
be  final. 

5.  Keep  a  school  register,  which  shall  be  carefully 
preserved  by  the  Board  of  Trustees  as  one  of  the  records 
of  the  school. 

6.  To  furnish  monthly  reports  to  the  County  School 
Superintendent  upon  the  blanks  prescribed  by  the  Superin- 
tendent of  Public  Instruction. 

7.  To  make  an  annual  report  to  the  County  School 
Superintendent  at  the  time,  and  in  the  manner,  and  on  the 
blanks  prescribed  by  the  Superintendent  of  Public  Instruc- 
tion.   Any  teacher  who  shall  end  any  school  term  before 
the  close  of  the  school  year,  shall  make  a  report  to  the 
County  School  Superintendent  immediately  after  the  close 
of  such  term;  and  any  teacher  who  may  be  teaching  any 


38  PUBLIC   SCHOOL  LAWS, 

school  at  the  end  of  the  school  year,  shall  in  his  or  her 
annual  report  include  all  statistics  for  the  entire  school 
year,  notwithstanding  any  previous  report  for  a  part  of 
the  year. 

8.  To  make  such  other  reports  as  may  be  required  by 
the  Superintendent  of  Public  Instruction,  County  School 
Superintendent  or  Board  of  Trustees. 

109.  In  case  of  the  dismissal  of  any  teacher  before  the 
expiration  of  any  contract  entered    into    between  such 
teacher  and   Board  of  Trustees,  for  alleged   unfitness  or 
incompetence,   the  teacher  may   appeal    to    the    County 
School  Superintendent,  whose  decision  shall   be  final,  if 
suit  be  not  brought  thereon  in  a  Court  of  competent  juris- 
diction. 

110.  No  warrants  shall  be  drawn  in  favor  of  any* 
teacher  who  does  not  hold  a  certificate  or  diploma  granted 
by  lawful  authority.     All  certificates  heretofore  legally 
issued  shall  be  and  remain  in  force  until  the  time  for  which 
they  were  granted  shall  have  expired.     (As  amended  by 
Act  No.  61  of  the  Twenty-first  Legislative  Assembly.) 

111.  No  person  is  eligible  to  teach    in  any  public 
school  in  this  Territory,  or  to  receive  a  certificate  to  teach, 
who  has  not  attained  the  age  of  eighteen  years. 

112.  Any   teacher  who  shall  use   any   sectarian    or 
denominational  books,  or  teach  any  sectarian  doctrine,  or 
conduct  any  religious  exercises  in  his  school,  or  who  shall 
fail  to  comply  with  any  of  the  provisions  mentioned  in 
this  Title,  shall  be  deemed  guilty  of  unprofessional  con- 
duct, and  it  shall  be  the  duty  of  the  proper  authority  to 
revoke  his  or  her  certificate  or  diploma. 

113.  It  shall  be  the  duty  of  all  teachers  to  endeavor 
to  impress  on  the  minds   of  the  pupils  the  principles  of 
morality,  truth,  justice  and  patriotism;  to  teach  them  to 
avoid  idleness,  profanity  and   falsehood,  and  to  instruct 
them  in  the  principles  of  a  free  government,  and  to  train 
them  up  to  a  true  comprehension  of  the  rights,  duties  and 
dignity  of  American  citizenship. 


TERRITORY  OF  ARIZONA.  39 

CHAPTER  THIRTEEN. 
DISTRICT  LIBRARIES. 

SEC.  114.  Boards  of  School  Trustees  in  cities  and  in 
districts  containing  one  hundred  or  more  census  children, 
may  use  the  school  funds,  together  with  such  moneys  as 
may  be  added  thereto  by  donation,  in  the  purchase  of 
books  for  school  libraries;  provided,  that  the  amount  so 
expended  from  the  school  fund  in  one  year  shall  not  exceed 
fifty  dollars;  and,  provided  further,  that  no  warrant  shall 
be  drawn  by  the  County  School  Superintendent  on  the 
order  of  any  Board  of  Trustees  in  payment  for  any  books, 
unless  such  order  is  accompanied  by  an  itemized  bill, 
showing  the  books  and  the  price  of  each  in  payment  for 
which  the  order  is  drawn. 

115.  Libraries  are  under  the  control  of  the  Board  of 
Trustees,  and  must  be  kept,  when  practicable,  in  the 
school  houses.  The  libraries  shall  be  free  to  all  pupils  of  a 
suitable  age  belonging  to  the  school,  ana!  any  resident  of  a 
district  may  become  entitled  to  its  privileges  bj,  tthe  pay- 
ment of  such  annual  or  monthly  fee  as  rpay  be  prescribed 
by  the  Trustees.  The  Trustees  shall  be  held  accountable 
for  the  proper  care  and  preservation  of  the  library,  an-d 
they  shall  report  to  the  County  School  Superintendent, 
when  required,  all  library  statistics,  on  blanks  furnished 
by  the  Superintendent  of  Public  Instruction  for  that 
purpose. 

CHAPTER  FOURTEEN. 
TERRITORIAL  TAX  AND  COUNTY  SCHOOL  TAX. 

SEC.  116.  A  tax  of  three  cents  upon  each  one  hundred 
dollars'  value  of  taxable  property  is  hereby  levied,  and 
directed  to  be  collected  and  paid  into  the  Territorial 
treasury  as  a  special  fund  for  school  purposes,  to  be  dis- 
bursed as  hereinafter  provided  ;  said  tax  to  be  levied  and 
collected  at  the  same  time  and  in  the  same  manner  as 
other  Territorial  revenues.  It  shall  be  the  duty  of  the 
Territorial  Treasurer  to  receive  and  to  hold  as  a  special 
fund  all  public  school  moneys  paid  into  the  Territorial 


40  PUBLIC  SCHOOL  LAWS, 

treasury,  and  pay  them  over  on  a  warrant  of  the  Terri- 
torial Auditor,  issued  upon  the  order  of  the  Territorial 
Board  of  Education,  countersigned  by  the  Superintendent 
of  Public  Instruction,  or  in  case  of  his  absence  from  the 
capital  of  the  Territory,  by  the  Governor,  in  favor  of  the 
County  Treasurer,  or  such  other  person  as  maybe  author- 
ized by  law  to  receive  the  same;  which  order,  duly  en- 
dorsed by  the  County  Treasurer,  or  such  other  person, 
shall  be  a  valid  voucher  in  the  hands  of  the  Territorial 
Treasurer  for  the  disbursements  of  said  moneys. 

117.  All  school  moneys  due  each  county  in  the  Terri- 
tory shall  be  paid  over  by  the  Territorial  Treasurer  to  the 
County  Treasurer,  as  follows :    On  the  second  Monday  of 
January,  June  and  September,  or  as  soon  thereafter  as  the 
County  Treasurer  may  apply  for  the  same,  on  a  warrant 
of  the  Territorial  Auditor,  drawn. in  conformity  with  the 
apportionment  of  the  Superintendent  of  Public  Instruc- 
tion. 

118.  The    County    School    Superintendent   in    each 
county  must,  on  or  before  the  first  day  of  August  of  each 
year,  furnish  the  Board  of  Supervisors  an  estimate  in 
writing  of  the  minimum  amount  of  school  funds  needed  for 
the  ensuing  year. 

119.  The  Board  of  Supervisors  of  each  county  shall 
annually,  at  the  time  of  levying  other  taxes,  levy  a  county 
school  tax  of  not  less  than  fifty  nor  more  than  ninety 
cents  on  each  one  hundred  dollars'  valuation  of  taxable 
property,  which  tax  shall  be  added  to  the  county  tax,  and 
collected  in  the  same  manner,  and  be  paid  into  the  county 
treasury  as  a  special  fund  to  be  drawn  upon  as  hereinafter 
provided. 

120.  Said  taxes  shall  be  collected  as  other  county 
taxes  are  collected,  and  shall  be  paid  into  the  treasury  of 
the  county  to  the  credit  of  the  county  school  fund. 

121.  It  shall  be  the  duty  of  the  Treasurer  of  each 
county : 

1.  To  receive  and  to  hold  as  a  special  fund  all  public 
school  moneys,  whether  received  by  him  from  the  Terri- 
torial Treasurer,  or  raised  by  the  countyfor  the  benefit  of 


TERRITORY   OF  ARIZONA.  41 

public  schools,  or  from  any  other  source,  and  to  keep  a 
separate  account  thereof,  and  when  the  same  is  appor- 
tioned among  the  school  districts,  to  open  and  keep  a 
separate  account  of  each  district. 

2.  On  receiving  any  public  school  moneys  amounting 
to  five  hundred  dollars,  subject  to  distribution,  to  immedi- 
ately notify  the  County  School    Superintendent    of  his 
county  of  the  amount  thereof. 

3.  To  pay  over,  on  the  warrants  of  the  County  School 
Superintendent,  duly  endorsed  by  the  person  entitled  to 
receive  the  same,  any  or  all  of  said  moneys. 

4.  On  or  before  the  first  day  of  August  of  each  year 
to  make  a  report  to  the  Superintendent  of  Public  Instruc- 
tion, showing: 

First.    The  amount  of  school  moneys  received  from 
Territorial  school  fund. 

Second.    The  amount  received  from  county  school  tax. 
Third.    The  amount  received  from  other  sources. 
Fourth.    Total  expenditures  for  school  purposes. 
Fifth.    Balance  on  hand  at  close  of  school  year. 

122.  In  case  of  the  failure  or  neglect  of  said  County 
Treasurer  to  make  such  report  or  give  such  notice  as  is 
required  in  subdivision  2  of  this  section,  he  shall  be  liable 
to  the  county  of  which  he  is  Treasurer  in  the  sum  of  five 
hundred  dollars;   and  it  is  hereby  made  the  duty  of  the 
District  Attorney  of  said  county,  upon  the  direction  of  the 
Board  of  Supervisors  of  said  county,  to  bring  suit  in  the 
name    of  said    county   against    such  Treasurer   for    the 
recovery    thereof,   and    any  money    collected    under    the 
provisions  of  this  section  shall  be  paid  into  the  county 
school  fund. 

123.  No  Treasurer,  ex-officio  Tax  Collector  nor  Tax 
Collector  in  any  of  the  counties  of  this  Territory  shall  be 
allowed  any  percentage,  fee  or  compensation  whatever  for 
collecting,   receiving  or    disbursing    any    school    moneys 
derived  from  the  sale  of  school  bonds  of  their  respective 
counties  or  of  the  school  districts  thereof,  nor  for  perform- 
ing any  official  duty  in  connection  with  the  issuing  or  sale 
of  such  bonds. 


42  PUBLIC  SCHOOL  LAWS, 

124.  No  Treasurer,  ex-officio  Tax  Collector  nor  Tax 
Collector  in  any  of  the  counties  of  this  Territory  shall  re- 
ceive any  percentage,  fee  or  compensation  for  collecting  or 
receiving  any  school  moneys  in  their  respective  counties, 
whether  derived  from  taxation  or  otherwise. 

125.  The  Treasurers  of  the  various  counties  of  this 
Territory  shall  receive  one  per  cent  upon  all  school  moneys 
disbursed  by  them  respectively,  other  than  school  mone\'s 
derived  from  the  sale  of  school  bonds,  mentioned  in  Section 
123  of  this  Title,  which  percentage  shall  be  in  full  for  all 
services    performed    by    them    in    connection    with    such 
moneys;  provided,  that  no  commission  whatever  shall  be 
received  by  a  Treasurer  who  receives  a  salary. 

CHAPTER  FIFTEEN. 
SPECIAL  SCHOOL  DISTRICT  TAX. 

SEC.  126.  When  the  Territorial  and  county  money  to 
which  any  district  is  entitled  is  not  sufficient  to  build  or 
rent  suitable  buildings,  and  to  pay  for  keeping  a  school  in 
such  district  for  at  least  three  months  in  each  year,  it  is 
hereby  made  the  duty  of  the  Trustees  of  such  district  to 
levy  a  direct  tax  upon  the  taxable  property  in  such  dis- 
trict sufficient  to  raise  an  amount  which,  together  with 
the  Territorial  and  county  money  to  which  said  district  is 
entitled,  will  keep  a  school  open  five  months  in  each  year, 
and  the  Board  of  Trustees  of  any  school  district,  when  in 
their  judgment  it  is  advisable,  may  call  an  election  and 
submit  to  the  qualified  voters  of  the  district  the  question 
whether  a  tax  shall  be  levied  to  keep  a  school  open  a  longer 
period  than  the  ordinary  funds  will  allow,  or  for  building 
an  additional  school  house  or  houses,  or  for  all  these 
purposes.  Such  election  shall  be  called  by  posting  notices 
in  three  of  the  most  public  places  in  the  district  for  twenty 
days.  Said  notices  shall  contain  the  time  and  place  of 
holding  the  election,  the  amount  of  money  proposed  to  be 
raised,  and  the  purpose  for  which  it  is  intended  to  be  used. 
The  Board  of  Trustees  shall  appoint  three  judges  to  con- 
duct the  election,  and  it  shall  be  held  in  all  other  respects, 
as  near  as  practicable,  in  conformity  with  the  general 


TERRITORY  OF  ARIZONA.  43 

election  law;  provided,  that  no  registration  shall  be 
necessary  to  entitle  a  person  to  vote  at  such  election,  and 
no  person  shall  be  entitled  to  vote  thereat  who  is  not  a 
taxpayer  in  the  district.  At  such  election  the  ballot  shall 
contain  the  words,  "Tax,  yes,"  or,  "Tax,  no,"  and  also 
the  name  of  one  person  as  Assessor  and  Collector.  If  two- 
thirds  of  the  votes  cast  are  "Tax,  yes,"  the  officers  of  the 
election  shall  certify  the  fact  to  the  Board  of  Trustees,  and 
shall  also  certify  the  name  of  the  person  having  the  plu- 
rality of  votes  for  Assessor  and  Collector.  The  Board  of 
Trustees  shall  issue  a  certificate  of  election,  and  the 
Assessor  shall  forthwith,  from  the  last  duplicate  tax-roll 
of  the  county,  make  a  list  of  all  taxable  persons  and 
property  in  the  district,  and  within  thirty  days  he  shall 
return  his  roll,  footed  up,  to  the  Board  of  Trustees.  The 
Board  of  Trustees,  upon  receiving  the  roll,  shall  deduct 
fifteen  per  cent  therefrom  for  anticipated  delinquencies; 
and  then,  by  dividing  the  sum  voted,  together  with  the 
estimated  cost  of  assessing  and  collecting  added  thereto, 
by  the  remainder  of  the  roll  ascertain  the  rate  per  cent 
required  ;  and  the  rate  so  ascertained  shall  be  and  is  hereby 
levied  and  assessed  to,  on  or  against  the  persons  or  prop- 
erty named  or  described  on  said  roll,  and  it  shall  be  a  lien 
on  all  such  property  until  the  tax  is  paid  ;  and  said  tax,  if 
not  paid  within  the  time  limited  in  the  next  succeeding 
section  for  its  payment,  shall  be  collected  in  the  same 
manner  and  with  the  same  costs  as  delinquent  Territorial 
and  county  taxes  are  collected;  provided,  however,  that 
nothing  in  this  section  shall  be  construed  as  authorizing 
the  Board  of  School  Trustees  of  any  district  to  levy  a 
direct  special  tax  on  the  taxable  property  of  said  district 
for  the  purpose  of  continuation  of  schools  therein,  if  there 
has  been  sufficient  funds  to  have  already  maintained  a 
'  school  for  a  period  of  eight  months  during  that  school 
3'ear;  and,  provided  further,  that  in  all  school  districts 
located  a  distance  of  twenty  miles  or  more  from  the 
county  treasury,  it  may  be  lawful  for  the  Board  of  School 
Trustees  of  such  school  district  to  designate  some  compe- 
tent and  responsible  person  to  act  as  Treasurer  in  receiving 
and  properly  disbursing  the  funds  collected  and  turned 
over  to  him  from  said  special  school  tax.  Such  person 


44  PUBLIC  SCHOOL  LAWS, 

shall  execute  a  good  and  sufficient  bond  to  the  Territory 
of  Arizona  for  the  use  and  benefit  of  the  said  school  dis- 
trict, in  an  amount  to  be  determined  by  the  Board  of 
School  Trustees,  conditioned  on  a  faithful  and  honest  dis- 
charge of  his  duties,  and  the  paying  of  all  warrants  drawn 
on  him  by  the  Board  of  School  Trustees,  but  no  warrant 
shall  be  drawn  on  this  special  fund  unless  the  money  shall 
be  actually  in  the  hands  of  the  Treasurer. 

127.  As  soon  as  the  rate  of  taxation  has  been  deter- 
mined, as  provided  in  the  preceding  section,  the  Board  of 
Trustees  shall  place  the  tax  list  in  the  hands  of  the  Col- 
lector, who  shall  give  such  bonds  as  may  be  required  by 
the  Board  of  Trustees,  and  he  shall  then  proceed  to  collect 
the  tax,  and  shall  within  sixty  days  return  the  roll  to  the 
Board  of  Trustees  with  the  word  "paid"  marked  opposite 
the  name  of  each  person  or  description  of  property  from 
whom  or  which  he  has  received  the  taxes,  and  he  shall  at 
the  same  time  file  with  the  Board  of  Trustees  the  County 
Treasurer's  receipt  for  all  moneys  by  him  collected,  and  the 
person  or  property  on  the  roll  not  by  the  Collector  marked 
"paid"  shall  be  deemed  delinquent,  and  the  Board  of 
Trustees  shall  order  said  Collector  to  proceed  to  collect 
the  delinquent  taxes  in  the  manner  described  in  the  last 
preceding  section,  and  said  roll  or  any  certified  copy 
thereof  shall  have  the  same  force  in  evidence  as  a  duplicate 
or  delinquent  tax-roll  of  Territorial  or  county  taxes.  All 
moneys  collected  from  a  district  tax  in  any  school  district 
shall  be  paid  into  the  county  treasury  and  placed  to  the 
credit  of  such  district.  The  County  School  Superintendent 
shall,  upon  the  order  of  the  Trustees  of  such  district,  draw 
his  warrant  upon  the  County  Treasurer  for  such  moneys 
or  any  part  thereof.  The  compensation  of  the  Assessor 
and  Collector  shall  be  fixed  by  the  Board  of  Trustees  and 
be  paid  in  the  same  manner  as  the  expenses  for  supporting 
schools  in  the  district  are  paid;  provided,  that  wherever 
the  words,  "County  Treasurer,"  or  " county  treasury," 
occur  in  this  section,  they  shall  not  be  deemed  or  taken  to 
apply  to  those  districts  located  a  distance  of  twenty  miles 
or  more  from  the  county  seat,  and  wherein  a  special  tax 
has  been  levied  and  collected,  and  where  the  Trustees  have 


TERRITORY  OF  ARIZONA.  45 

appointed  a  special  Treasurer,  as  provided  in  the  preceding 
section  of  this  Title. 


CHAPTER  SIXTEEN. 

APPORTIONMENT  OF  SCHOOL  FUNDS. 

128.     The  School  Superintendent  of  each  county  must 
apportion  all  school  moneys  as  follows : 

1.  He    shall    apportion    $400.00    to    every    district 
having  more  than  ten  and  less  than  twenty  census  chil- 
dren, and   $500.00   to  ever}'  district  having  more   than 
twenty  children.     When  any  pupils  are  admitted  to  an}- 
public  school  without  the  district  in  which  such  pupils 
reside,   the  teacher  in  charge  of  the  school  which  such 
pupils  attend  shall  keep  a  separate  record  of  the  attend- 
ance of  such  pupils,  designating  each  district  from  which 
each  pupil  comes,  and  report   the  same  to  the  Count}r 
School  Superintendent,  and,  in  apportioning  the  moneys 
in  the  school  fund  among  the  several  school  districts  in  the 
county,    such    attendance    shall    be    taken    and    deemed 
attendance  within  the  district  in  which  such  pupils  reside; 
provided,  that  if  a  majority  of  any  school  board  sign  a 
certificate  of  transfer  of  any  pupil  from   the  district  in 
which   such  pupil  resides  to  any  other  district,  then  the 
County  Superintendent,  for  the  purpose  of  apportionment, 
shall  deem  such  attendance  as  belonging  to  the  district  in 
which  such  pupil  attends. 

2.  He  must  then  ascertain  the  average  attendance  of 
each  school  during  the  previous  school  year,  and  appor- 
tion to  each  district  showing  an  average  attendance  of 
more  than  twenty-five  children,  not  less  than  $20.00  per 
capita  upon  the  average  attendance  in  excess  of  twenty- 
five;  provided,  the  total  amount  thus  to  be  apportioned 
does  not  exceed  the  limit  of  the  levy  provided  by  law,  and 
in  case  such  amount  does  exceed   the  limit   provided  by 
law,  he  shall  apportion  as  herein  provided  such  an  amount 
as  will  come  within  the  limit  prescribed ;  provided,  that 
where  in   an}'  county  there  may  be  a  school  district  in 
which  the  number  of  children  does  not  equal  ten,  then  the 
School  Superintendent  may,  upon  application  being  made 


46  PUBLIC  SCHOOL  LAWS, 

by  the  heads  of  families  in  such  district,  make  apportion- 
ment as  provided. 

3.  On  or  before  the  1st  day  of  July  of  each  year  the 
County  Superintendent    shall    submit  to   the    Board    of 
Supervisors  an  estimate  of  the  amount  of  money  that  will 
be  required  to  maintain  the  schools  during  the  next  school 
year.    It  shall  then  be  the  duty  of  the  Board  of  Supervisors 
to   make  the  levy   as   already   provided;   provided,  that 
after  determining  the  amount  that  will  be  required,  based 
upon  the  average  attendance  of  the  preceding  year,  they 
shall  add  five  per  cent  thereto,  which  five  per  cent  shall 
constitute  a  reserved  fund  to  be  apportioned  as  follows, 
to- wit:    Whenever  school  has  been  maintained    in  any 
district    having  an    average    attendance    of  more    than 
twenty-five  children  for  a  period  of  five  months,  it  shall 
appear  that  the  average  attendance  is  greater  than  it 
was  during  the  preceding  year,  the  County  Superintendent 
shall  apportion  to  said  district,  out  of  the  reserve  fund,  so 
much  of  said  fund  as  said  district  is  entitled  to  under  the 
provisions  of  this  Title;  provided,  that  if  the  amount  of 
money  in  the  reserve  fund    is  insufficient    to    meet    the 
demands  of  all  the  districts  showing  an  increased  attend- 
ance over  the  preceding  year,  then  said  reserve  fund  shall 
be  apportioned  pro  rata  among  the  several  districts  en- 
titled  to  the  same;   provided,  that  in  no  case  shall  the 
apportionment    from    the    reserve    fund    on    account    of 
increased  attendance  be  greater  pro  rata  than  the  regular 
apportionment  for  the  same  year;  provided,  further,  that 
if  at  the  end  of  any  school  year  there  remain  any  part  of 
the  reserve    school    fund    unexpended,  then  the  County 
School  Superintendent  shall  place  said  remaining  portion 
in  the  general  school  fund  and  apportion  the  same  in  the 
usual  manner  of  apportioning  the  general  school  fund. 

4.  That  all  school  moneys  remaining  on  hand  at  the 
end  of  the  school  year,  to  the  credit  of  any  district,  or  in 
the  reserve  fund,  after  making  the  apportionment  as  here- 
tofore required,  shall  remain  to  the  credit  of  such  district 
for  the  ensuing  year  or  years. 

5.  It  is  hereby  made  the  duty   of  the   Clerk  of  the 
Board  of  Trustees  of  each  district,  at  the  end  of  each  term 


TERRITORY   OF  ARIZONA.  47 

or  school  year,  to  make  to  the  County  Superintendent, 
under  oath,  a  full  and  complete  return  of  the  number, 
names  and  days  of  attendance  of  each  child  who  attended 
school  in  his  district  during  the  term  or  school  year  just 
closed,  as  shown  by  the  school  register,  for  the  purpose  of 
enabling  the  School  Superintendent  to  make  the  appor- 
tionments herein  directed  and  required.  Said  report  to 
the  Superintendent  shall  be  preserved  and  remain  on  file  in 
the  office  of  said  Superintendent. 

129.  If  any  new  school  district  shall  be  duly  organ- 
ized and  shall  cause  to  be  filed  with  the  County  Superin- 
tendent,  on   or  about  the    first    day   of  July,   a    sworn 
statement  of  the  Clerk  of  the  Board  of  Trustees  of  the 
district  stating  the  number  of  children  of  school  age  residing 
in  the  district  and  the  probable  average  attendance,  said 
district  shall  be  entitled  to  its  pro  rata  of  the  apportion- 
ments heretofore  provided  for,  and  if  for  one  month  at  any 
time  within  the  first  five  months  the  average  attendance 
in  said  district  shall  fall  below  eight,  said  district  shall 
lapse,  and  all  money  that  may  be  in  the  treasury  to  the 
credit  of  said  district  shall  be  turned  into  the  reserve  fund 
subject  to  apportionment  as  provided  for. 

130.  If  in  any  school  district  there  shall  be  an  average 
attendance  for  three  months  of  less  than  eight  pupils,  such 
district  shall  lapse,  and  the  money  in  the  treasury  of  the 
county  belonging   thereto  shall  go  into  the  reserve  fund 
subject  to  apportionment  as  heretofore  provided  for. 


CHAPTER  SEVENTEEN. 

GENERAL  PROVISIONS  RELATIVE  TO  SCHOOL  FUNDS  AND 

TAXES. 

SEC.  131.  All  moneys  which  shall  accrue  to  the  Terri- 
tory by  the  sale  of  personal  or  real  property  of  an 
escheated  estate  or  from  the  rents  or  profits  of  lands  or 
tenements  held  as  escheated  shall  be  paid  into  the  Terri- 
torial school  fund  of  this  Territory  to  be  used  only  as  the 
Territorial  school  fund  is  now  or  shall  hereafter  be 
authorized  to  be  used  by  law. 


48  PUBLIC   SCHOOL   LAWS, 

132.  All  moneys   arising  from   fines,  forfeitures  and 
gambling  licenses  shall  be  immediately  transmitted  as  soon 
as  collected  by  the  officer  receiving  the  same  to  the  County 
Treasurer  for  the  credit  of  the  county  school  fund ;   pro- 
vided, that  nothing  in  this  Title  shall  affect  or  apply  to 
any  municipal  fine,  forfeiture  or  license  under  the  ordin- 
ances of  any  incorporated  village  or  city  of  this  Territory. 

133.  Any  officer  neglecting  or  failing  to  comply  with 
the  provisions  of  the  preceding  section   shall   be  deemed 
guilty   of  a  misdemeanor,   and   upon  conviction  thereof 
before  any  court  of  competent  jurisdiction,  shall  be  fined 
in   any   sum  not  more  than    three    hundred   dollars,   or 
imprisonment  in  the  county  jail  for  not  more  than  three 
months,  or  by  both  such  fine  and  imprisonment.     All  fines 
arising  under  the  provisions  of  this  section  shall  be  placed 
to  the  credit  of  the  county  school  fund. 


CHAPTER  EIGHTEEN. 
TEXT  BOOKS. 

SEC.  134.  In  the  adoption  of  text  books  the  Terri- 
torial Board  of  Education  shall  be  governed  by  the 
following  rules : 

1.  Any   books  hereafter  adopted   as   a  part   of  the 
uniform  series  of  text  books  must  be  continued  in  use  for 
not  less  than  four  years. 

2.  No  change  of  text  books  must  be  made  at  any 
other  time  than  in  the  month  of  July  or  August  of  the  year 
in  which  the  change  is  made,  and  no  change  shall  be  made 
to  take  effect  until  the  beginning  of  the  next  school  term 
of  that  year. 

3.  At    least    sixty    days'    notice    of    any    proposed 
change  of  text  books  must  be  given  by  publication  in  a 
newspaper  of  general  circulation  published  in  this  Terri- 
tory;  provided,   no  change  shall  be  made   without  the 
recommendation  in  writing  of  a  majority  of  the  County 
School  Superintendents  of  the  Territory.    Said  notice  shall 
state  what  text  books  it  is   proposed  to  change;   that 
sealed  bids  or  proposals  will  be  received  by  the  Territorial 


TERRITORY   OF  ARIZONA.  49 

Board  of  Education  for  furnishing  books  to  replace  them  ; 
the  place  where,  and  the  day  and  the  hour  when  all  bids 
or  proposals  will  be  opened,  and  that  the  Board  reserves 
the  right  to  reject  any  or  all  bids  or  proposals. 

4.  At  the  time  and  place  specified  in  said  notice  the 
Board   shall  meet  and  publicly  open  and  read  all  of  the 
bids  or  proposals  which  have  been  received  by  them,  and 
shall  make  their  award  thereon  within  ten  days  thereafter. 

5.  Sealed  bids  and  proposals  must  be  accompanied 
by  a  sample  copy  of  the  books  proposed  to  be  furnished, 
together  with   a  statement  of  the  wholesale  and   retail 
price  at  which  the  publisher  agrees  to  furnish  each  book 
within  this  Territory  during  the  full  time  for  which  said 
books  are  to  be  adopted. 

6.  If  no  satisfactory  bids  or  proposals  are  received, 
then  the  books  already  in  use  may  continue  in  use  until 
changed  as  herein  provided. 

7.  The  publisher  or  publishers,  whose  proposals  shall 
be  accepted,  must  enter  into  a  written  contract  with  the 
Territorial  Board  of  Education  and  shall  give  a  good  and 
sufficient  bond,  in  a  reasonable  sum   to  be  fixed  by  the 
Board,  for  the  faithful  performance  thereof. 

135.  If  the  Trustees  of  any  district  refuse  or  neglect 
to  enforce  the  use  of  the  text   books  that  may  be  pre- 
scribed, or  use  any  other  books  in  any  of  the  prescribed 
studies,  such  refusal   or  neglect  shall   be  deemed   a  mis- 
demeanor, punishable  by  a  fine  not  exceeding  one  hundred 
dollars,  or  removal  from  office,  or  both. 

136.  No  school  officer  or  teacher  in  any  public  school 
in  Arizona  must  act  as  agent  for  any  author,  publisher, 
bookseller  or  other  person  to  introduce  any  book,  appa- 
ratus,  furniture  or  any   other  article   whatever,  in    the 
public  schools   of  this  Territory,  or  any  one  or  more  of 
them,  or  directly  or  indirectly  contract  for  or  receive  any 
gift  or  reward  for  so  introducing  or  recommending  the 
same,  and  any  officer  or  teacher  so   acting  or  receiving 
must  be  deemed  guilty  of  misdemeanor,  and  on  conviction 
be  punished  by  fine  not  exceeding  one  hundred  dollars,  or 
by  imprisonment  not  to  exceed   three  months,   and    be 


50  PUBLIC   SCHOOL  LAWS, 

removed  from  office.  And  if  the  guilty  party  is  a  school 
teacher,  in  addition  to  such  fine  or  imprisonment,  that  he 
or  she  be  removed  from  his  or  her  school,  and  his  or  her 
certificate  be  revoked  by  the  Territorial  Board  of  Exam- 
iners. 

137.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  April  1,  1901.  (As  amended  by  Act  No.  61  of 
the  Twenty-first  Legislative  Assembly,  entitled,  An  Act  to 
Amend  Chapters  Ten,  Twelve  and  Eighteen  of  Title  Seven- 
teen—  Education  —  of  An  Act  to  Revise  and  Codify  the 
Laws  of  Arizona.  Approved  March  20,  1901.) 

Approved  March  15,  1901. 


ACT  NO.  6\. 

AN  ACT  TO  AMEND  CHAPTERS  TEN,  TWELVE  AND 
EIGHTEEN  OF  TITLE  SEVENTEEN -EDUCATION -OF  AN 
ACT  TO  REVISE  AND  CODIFY  THE  LAWS  OF  ARIZONA. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  Terri- 
tory of  Arizona : 

SECTION  1.  Section  89  of  Chapter  Ten  of  Title  Seven- 
teen—  Education  —  of  an  Act  entitled,  "An  Act  to  Revise 
and  Codify  the  Laws  of  Arizona/'  approved  March  15, 
1901,  is  hereby  amended  by  striking  out  the  word  two  in 
the  second  line  of  said  section,  and  inserting  in  lieu  thereof 
the  word  one. 

SEC.  2.  Section  110  of  Chapter  Twelve  of  Title  Seven- 
teen of  said  Act  is  hereby  repealed,  and  the  following 
enacted  in  lieu  thereof: 

SEC.  110.  No  warrants  shall  be  drawn  in 
favor  of  any  teacher  who  does  not  hold  a  certificate 
or  diploma  granted  by  lawful  authority.  All 
certificates  heretofore  legally  issued  shall  be  and 
remain  in  force  until  the  time  for  which  they  were 
granted  shall  have  expired. 

SEC.  3.  Section  137  of  Chapter  Eighteen,  Title  Seven- 
teen of  said  Act  is  hereby  amended  by  striking  out  the 
word  September  in  the  last  line  thereof,  and  inserting  the 
word  April  in  place  thereof. 


TERRITORY  OF  ARIZONA.  51 

SEC.  4.    This  Act  shall  take  effect  and  be  in  force  on 
and  after  April  1,  1901. 

Approved  March  20,  1901. 


ACT  NO  34. 

AN  ACT  TO  AMEND  PARAGRAPH  J536  AND  1537,  CHAPTER 
EIGHT,   TITLE   TWENTY,  OF   THE   REVISED   STA- 
TUTES OF  THE  TERRITORY  OF  ARIZONA. 

Whereas,  The  Senate  and  House  of  Representatives  of 
the  United  States  of  America,  in  Congress  assembled,  did 
on  the  4th  day  of  March,  1898,  pass  an  Act  to  permit, 
authorize  and  legalize  the  issuance  of  bonds  of  chartered 
municipal  corporations  having  a  bona  fide  population  of 
not  less  than  one  thousand  persons,  as  shown  by  the  last 
school  census,  taken  before  any  election  to  be  held  under 
the  provisions  of  this  Act  in  any  Territory  of  the  United 
States,  for  sanitary  and  health  purposes,  the  construction 
of  sewers,  water-works,  and  the  improvement  of  streets; 
and 

Whereas,  Many  of  the  municipal  corporations  within 
the  Territory  are  located  within  certain  school  districts 
and  include  only  a  part  of  the  territory  and  population  of 
such  districts,  and  the  school  census  required  by  the 
present  law  includes  only  the  school  children  within  such 
district  and  furnishes  no  measure  or  means  of  ascertaining 
the  total  number  of  people  within  such  municipal  cor- 
>oration : 

Now,  Therefore,  In  order  that  all  municipal  corpora- 
:ions  in  the  Territory  of  Arizona,  located  within,  and 
embracing  only  a  part  of,  the  territory  and  population  of 
school  districts,  may  be  enabled  to  avail  themselves  of  the 
provisions  of  the  said  Act  of  Congress,  approved  March 
4th,  1898: 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  Terri- 
tory of  Arizona  : 
That  Paragraph  1536  and  1537,  Chapter  VIII.,  Title 

XX.,  Revised   Statutes  of  Arizona,  be  and   the  same  are 

amended  to  read  as  follows : 


52  PUBLIC  SCHOOL  LAWS, 

CHAPTER  EIGHT. 

DISTRICT  CENSUS  MARSHALS. 

1536.  (SEC.  64.)     First.    It  shall  be  the  duty  of  the 
Census   Marshal  to   take  the  census   of  all   the  children 
between  six  and  eighteen  years  of  age  in  his  district. 

Second.  Where  any  chartered  municipal  corporation 
lies  within  a  school  district  and  comprise  a  portion  only 
of  the  territory  and  inhabitants  contained  in  said  district, 
if  such  municipal  corporation  be  desirous  of  securing  a 
complete  census  of  all  the  inhabitants  living  within  its 
corporate  limits,  the  Mayor  and  City  Council  of  such 
municipal  corporation  may  serve  written  notice  to  such 
effect  upon  the  Trustees  of  such  school  district  and  the 
Census  Marshal  at  least  one  week  previous  to  the  taking 
of  the  school  census  in  the  said  district,  and  thereupon  it 
shall  be  the  duty  of  the  Census  Marshal  to  include  in  the 
school  census  a  full  and  complete  census  of  all  the  inhabit- 
ants, whether  within  school  age  or  otherwise,  who  are 
residing  withm  the  corporate  limits  of  said  municipal 
corporation;  provided,  however,  that  the  added  expense 
incident  thereto  shall  be  first  provided  for  by  the  municipal 
corporation  requesting  such  complete  census. 

Third.  To  report  the  result  of  his  labors  to  the 
County  School  Superintendent  on  or  before  the  first  day  of 
July  of  the  year  in  which  the  census  is  taken. 

1537.  (SEC.  65.)     His  report  must  be  made  under 
oath  upon    blanks    furnished    by   the  Superintendent   of 
Public  Instruction,  and  must  show: 

First.  The  number,  age,  sex,  color  and  nationality  of 
children  listed,  Indians  and  Chinese  excepted. 

Second.  The  names  of  parents  and  guardians  of  said 
children. 

Third.  The  number  of  children  between  the  ages  of 
eight  and  fourteen. 

Fourth.    The  number  attending  public  schools. 
Fifth.    The  number  attending  private  schools. 
Sixth.    The  number  not  attending  school. 


TERRITORY  OF  ARIZONA,  53 

Seventh.  Such  other  facts  as  the  Superintendent  of 
Public  Instruction  may  designate. 

Eighth.  Where  any  municipal  corporation  lying 
within  and  comprising  but  a  portion  of  a  school  district 
avails  itself  of  the  provisions  of  the  preceding  paragraph, 
the  number,  names,  age,  sex,  color  and  nationality  of  all 
the  inhabitants  living  within  the  corporate  limits  of  such 
municipal  corporation. 

Ninth.  Whenever  a  census  of  the  entire  inhabitants  of 
a  municipal  corporation  is  taken  in  conformity  with 
Paragraph  1536,  it  shall  be  the  duty  of  the  Census 
Marshal  to  report  the  result  of  his  labors  to  the  Mayor 
and  Common  Council  under  which  request  said  census  was 
taken,  within  thirty  days  from  the  completion  of  such 
census. 

All  Acts  and  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

This  Act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  March  9,  1901. 


ACT  NO.  49. 

TO  ADOPT  A  TERRITORIAL  ANTHEM. 
Be  It  Enacted  by  the  Legislative  Assembly  of  Arizona : 

SECTION  1.  That  the  following  song  be  and  the  same 
is  hereby  adopted  as  the  official  song  of  the  Territory  of 
Arizona : 

HAIL  TO  ARIZONA,  THE  SUN-KISSED  LAND! 

O  Arizona,  Sun-kissed  Land ! 
Thy  day  of  birth  is  near  at  hand ; 
Upon  thy  mountains  rugged  crest, 
Thy  native  sons  still  call  thee  blest ; 
Within  thy  valleys'  broad  domain, 
In  love,  thy  foster  children  reign ; 
Fair  Land  of  gold  and  sunny  peace, 
Of  flower  and  vine  and  rich  increase, 
Of  cloud-kissed  hills  and  wooded  wold, 
Of  countless  mines  and  wealth  untold. 


54 


PUBLIC  SCHOOL  LAWS, 


CHORUS: 

Hail !  all  hail  to  Arizona  ! 
Sound  her  praise  from  sea  to  sea  ! 
Land  of  sun  and  summer  showers, 
Land  of  grain  and  gold  and  flowers, 
In  Columbia's  diadem 
Of  jewels  rare  thou'lt  be  the  gem, 
Hail  to  Arizona,  the  Sun-kissed  Land  ! 

Primeval  stands  thy  forest  grand, 

The  ancient  Zuni's  fatherland, 

Thy  plain  and  lofty  mountain  round 

Were  many  moons  his  hunting  ground, 

Unbosomed  in  thy  sun's  bright  ray 

His  olden  ruins  slow  decay ; 

Where  once  the  tribes  of  IshmaePs  band 

Marauding  wandered  o'er  the  land, 

The  mighty  "  Phoenix  "  rose  to  fame 

From  the  ashes  of  destruction's  flame. 


(Chorus.) 


Hoary  with  age,  thou  still  art  young, 

Land  of  renown  with  praise  unsung; 

Nature  with  a  master  hand 

Hath  carved  thy  wondrous  Canyon  Grand  ; 

Magician-like  her  wand  she  plied, 

And  lo !  thy  Forest  Petrified ; 

From  craggy  peak  of  Castle  Dome, 

From  Copper  Queen  to  rich  Jerome, 

She  pours  her  lavish  treasure  forth 


In  molten  streams  of  priceless  worth. 


(Chorus.) 


Not  all  thy  riches,  glorious  Land, 

Are  due  alone  to  Nature's  hand, 

For  man  with  unremitting  toil 

Brings  forth  a  bounty  from  the  soil ; 

From  vine-clad  hills  and  limpid  streams, 

From  fruitful  vales  where  plenty  teems, 

O'er  verdant  fields  he  points  with  pride, 

Where  flocks  and  herds  are  scattered  wide, 

To  schools  where  art  and  skill  combine, 

To  homes  in  love  and  truth  enshrined.  (Chorus.) 

Proud  Land,  thy  rock-ribbed  hills  record 

The  history  of  a  mighty  horde ; 

The  onward  trend  of  centuries  old 

Hath  left  its  imprint  strong  and  bold 

On  the  hearts  and  lives  of  thy  brave  sons. 

In  the  winsome  grace  of  thy  fairer  ones ; 

Thy  Riders  Rough,  a  valiant  band, 

With  loyal  hearts  forever  stand 

To  guard  the  flag  that  floats  above 

Thy  homes  where  reign  content  and  love.     (Chorus.) 


TERRITORY   OF  ARIZONA.  55 

SEC.  2.  The  Trustees  of  the  various  districts  of  the 
Territory  are  hereby  required  to  furnish  sufficient  copies 
to  their  schools  to  enable  the  school  children  to  learn  and 
use  said  song  as  part  of  the  musical  exercises  of  their 
schools. 

SEC.  3.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  16,  1901. 


ACT  NO.  59. 

AN  ACT  TO  PROVIDE  THAT  THE  DISTRICT  ATTORNEY 
OF  THE  SEVERAL  COUNTIES  OF  THE  TERRITORY  OF 
ARIZONA  SHALL  ACT  AS  ATTORNEY  FOR  THE 
SCHOOL  DISTRICTS  IN  HIS  COUNTY. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  Terri- 
tory of  Arizona : 

SECTION  1.  In  each  of  the  counties  of  this  Territory, 
the  District  Attorney  shall  act  as  attorney  for  all  school 
districts  and  the  Boards  of  Trustees  thereof  in  his  county, 
without  other  compensation  than  his  salary  as  District 
Attorney. 

SEC.  2.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  20,  1901, 


AN  ACT 

TO  PROVIDE  FOR  THE  EDUCATION  OF  THE  DEAF,  DUMB 

AND  BLIND. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  Terri- 
tory of  Arizona  : 

SECTION  1.  There  is  hereby  appropriated,  annually, 
the  sum  of  three  thousand  dollars  ( $3,000 ),  or  so  much 
thereof  as  may  be  necessary  for  the  education  of  the  deaf, 
dumb  and  blind  of  this  Territory,  under  the  direction  of 


56  PUBLIC  SCHOOL  LAWS, 

the  Territorial  Board  of  Education,  and  the  Treasurer 
shall  pay  the  same  on  the  warrant  of  the  Auditor  for  that 
purpose. 

SEC.  2.  The  said  Board  of  Education  shall  enter  into 
contract  with  some  one  of  the  adjacent  States  or  Terri- 
tories having  an  institution  for  the  education  of  the  deaf, 
dumb  and  blind,  for  the  education  of  the  deaf,  dumb  and 
blind  of  the  Territory  of  Arizona  upon  the  most  economical 
terms  possible. 

SEC.  3.  It  shall  be  the  duty  of  the  Board  of  Education 
to  ascertain  the  number  of  deaf,  dumb  and  blind  in  the 
Territory  of  school  age  and  of  sound  mind  and  body, 
whose  parents  are  not  able  to  provide  for  their  education, 
and  as  soon  as  practicable  thereafter  take  the  necessary 
steps  for  their  education,  as  provided  for  in  Section  2  of 
this  Act. 

SEC.  4.  The  State  or  Territory  in  which  such  institu- 
tion for  the  education  of  the  deaf,  dumb  and  blind  is 
located,  as  designated  by  the  said  Board  of  Education, 
shall  be  paid  from  the  appropriation  made  in  Section  1  of 
this  Act,  of  the  rate  of  not  to  exceed  three  hundred  dol- 
lars a  year  for  each  scholar's  instruction  and  board, 
including  board  during  vacation,  on  the  certificate  of  the 
Territorial  Board  of  Education,  to  be  furnished  to  the 
Territorial  Auditor. 

SEC.  5.  The  Territorial  Board  of  Education  is  author- 
ized to  provide  for  thecareful  examination  of  all  applicants 
for  admission  to  the  institution  designated,  and  to  audit 
and  certify  to  the  Territorial  Auditor  all  accounts  for  the 
expenses  of  designating  said  institution  and  conducting 
examinations,  and  all  contingent  expenses  attending  the 
same,  and  the  accounts  thereof  shall  be  paid  from  the 
appropriation  for  this  purpose  made  in  Section  1  of  this 
Act. 

SEC.  6.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval,  an  emergency  existing 
therefor. 

Approved  this  4th  day  of  March,  1895. 


TERRITORY  OF  ARIZONA.  57 

SCHOOL  LANDS. 

( TITLE  J.) 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  Terri- 
tory of  Arizona  : 

SECTION  1.  The  Boards  of  Supervisors  of  the  different 
counties  of  this  Territory  are  hereby  empowered  to  take 
control  of  all  University  and  School  Lands  donated  to  this 
Territory  for  the  said  purposes,  and  they  are  hereby 
authorized  to  lease  the  same  in  accordance  with  the  pro- 
visions of  this  Title. 

2.  A  full  record  of  all  proceedings  of  the  Boards  of 
Supervisors  in  regard  to  said  School  and  University  Lands 
shall  be  kept,  and  they  shall  preserve  all  papers  and  docu- 
ments submitted  to  them,  and  file  the  same  in  their  office. 

3.  The  Supervisors  shall  cause  suitable  abstracts  to 
be  made  of  all  School  and  University  Lands  that  can  be 
leased  in  their  respective  counties,  and  entered  in  suitable 
and   well-bound    books;    such  abstracts  shall   show,  in 
proper  columns    and    pages,  the    township    and    range, 
together  with  the  legal  subdivisions,  whether  timbered  or 
not,  improved  or  unimproved  ;  the  kind  and  nature  of  the 
improvements,    if   any;    the   character,    agricultural    or 
grazing;    occupied    or    unoccupied,   and    if  occupied,  by 
whom;  the  date  of  appraisement  of  improvements,  if  any ; 
the  date  and  durance  of  lease,  the  amount  paid,  and  such 
other  information  as  may  be  necessary. 

4.  Actual  and  bona  fide  settlers  or  occupants  who 
have  placed  improvements  on  School  or  University  Lands 
shall  have  the  preferred  right  to  lease  the  land  whereon 
such  settlement  has  been  made;   and  provided,  further, 
that  where  settlers  have  resided  upon,  occupied  or  culti- 
vated any  land  reserved  for  this  Territory  for  School  or 
University  purposes  prior  to  the  extension  of  the  surveys 
of  the  United  States  over  said  lands,  or  who  hold  the  same 
or  the  possession  thereof  by  purchase  from  the  original 
settlers  or  their  assigns,  said    original    settlers    having 
resided  on  said  lands  or  cultivated  them  prior  to  the 
survey  of  the  United  States,  they  shall  be  permitted   to 


58  PUBLIC   SCHOOL   LAWS, 

continue  to  hold  said  land  without  lease  until  such  time  as 
this  Territory  is  admitted  as  a  State  into  the  Union,  and 
the  title  to  said  land  can  be  properly  adjudicated,  and  the 
State  get  other  lands  for  such  holdings. 

5.  Improvements   within   the  meaning  of  this  Title 
shall  be  held  to  mean  anything  permanent  in  character, 
the  result  of  labor  or  capital  expended  on  such  land  in  its 
reclamation   or  development,   and   the  appropriation  of 
water  thereon,  which  has  enhanced  the  value  of  the  same 
beyond   what  said  land   would    be  worth  had    it    been 
permitted  to  remain  in  its  original  state. 

6.  Anyone  occupying    School    or  University   Lands 
refusing  or  not  wishing  to  lease  said  land,   and   other 
parties  making  application  so  to  do,  the  Board  of  Super- 
visors shall  appoint  three  disinterested  persons,  house- 
holders and  citizens   of  the  Territory,  living  adjacent  to 
said  land  and  engaged  in  agricultural  pursuits,  if  said  land 
is  agricultural  in  character,  and  engaged  in  stock  raising, 
if  the  land  should  be  grazing,  to  go  upon  said  lands  and 
appraise  the  value  of  the  improvements  and  appurtenances 
thereon,  as  set  forth  in  Section  5  of  this  Title,  and  make 
due  return  of  said  appraisement  to  the  Supervisors,  under 
oath,  and  they  shall  file  the  same,  and  the  party  wishing 
to  lease  shall  pay  to  the  Board  of  Supervisors  the  amount 
of  such  appraisement  and  the  per  diem  of  the  appraisers, 
before  the  Board  of  Supervisors  shall  execute  a  lease  to 
him  of  said  lands.    The  money  so  paid  for  such  improve- 
ments the  Supervisors  shall  pay  to  the  occupant  of  the 
land  when  he  shall  vacate  said  land  and  give  possession  to 
the  lessee.     Anyone  refusing  to    give  possession  to  the 
same  after  due  notice  by  the  Board  of  Supervisors  is  hereby 
declared  to  be  a  trespasser,  and  shall  be  proceeded  against 
by  the  District  Attorney  for  forcible  entry  and  detainer. 

7.  The  appraisers  shall  be  entitled  to  one  dollar  each 
per  day,  and   only  allowed  for  one  day  for  making  any 
appraisement   of  the   improvements   and  sending  to   the 
Supervisors  said  returns. 

8.  The  Supervisors  shall  have  power  to  reject  any 
appraisement  not  in  accordance  with  this  Title,  and  if  it 
should  be  rejected  for  cause,  the  appraisers  shall  not  be 


TERRITORY   OF  ARIZONA.  59 

entitled  to  any  pay.  If  two  or  more  parties  should  make 
application  to  lease  the  same  land,  the  Board  of  Super- 
visors shall  lease  to  the  one  paying  the  highest  premium 
for  the  privilege  thereof;  provided,  however,  that  any 
occupant  shall  have  preferment  at  the  price  bid. 

9.  Each  lease  shall  contain  a  covenant  that  the  lessee 
will  promptly  pay  the  rental  in  advance  annually  ;  that  no 
waste  shall   be  committed   on   the    land,   and    that    the 
premises  shall  be  surrendered  at  the  expiration  of  the  term 
of  the  lease,  and  that  a  failure  to  pay  the  agreed  rental  for 
a  period  of  one  month  from  the  time  that  such  rental  is 
due  will  work  a  forfeiture  of  said  lease.     Any  lessee  or  any 
assignee  of  any  lessee  who  is  in  default  for  the  non-pay- 
ment of  rental  due  the  Territory  for  a  period  of  one  month 
after  said  rental  is  due,  shall  be  notified  by  the  Super- 
visors, by  registered  letter,  of  such  default,  and  if  in  one 
month   after  service  of  such   notice  such    delinquent   or 
assign  has  not  paid  said  rental  so  delinquent  and  has 
procured  no  extension  of  time  as  provided  in  this  Title,  his 
lease  shall  be  forfeited,  and  such  forfeiture  shall  be  noted 
on  the  records  of  the  Supervisors.    Any  person  whose  lease 
has  been  forfeited   may,  however,  be  relieved  from  such 
forfeiture  at  any  time  before  the  land    has  been   again 
leased,  by  paying  all  arrears  of  rental  and   five  per  cent 
penalty  thereon,  and  such  money  shall   be  paid  into  the 
school  fund. 

10.  The  lessee  of  any  School  or  University  Lands 
shall  not  be  allowed  to  cut  for  barter  or  sale,  or  use  more 
timber  therefrom  than  is  necessary  for  the  improvement 
of  such  land  or  for  fuel  for  family  use,  excepting  it  was 
planted  thereon  by  the  party  leasing  or  by  his  predecessor. 
Any  person  or  persons,  firm  or  corporation  violating  the 
provisions  of  this  section  shall    be  deemed  guilty  of  a 
misdemeanor    and    fined    not    less    than    one    hundred 
( $100.00 )   dollars  and  not    more    than    three    hundred 
(  $300.00  )  dollars  for  each  and  every  offense. 

11.  The  Board  of  Supervisors  shall  collect  from  each 
lessee  the  sum  of  one  ($1.00)  dollar  for  executing  said 
lease,  said  money  to  be  paid  into  and  become  a  part  of  the 
funds  received  from  leasing  School  and  University  Lands. 


60  PUBLIC  SCHOOL  LAWS, 

12.  For  making  certified  copies  of  papers  and  records, 
the  same  fees  shall  be  collected  and  charged  as  are  charged 
by  the  Secretary  of  the  Territory ;   and  all  such  moneys 
shall  be  disposed  of  as  is  provided  in  Section  11  of  this 
Title. 

13.  It  shall    be    the  duty  of  the    different   County 
Assessors  to  make  returns  of  all  School  and   University 
Lands  worth  assessing  in  the  several  counties,  and  to 
place  a  value  on  said  lands  as  patented  lands  adjoining  of 
like  character,  and  as  though  they  were  assessing  them  to 
owners;  and  also  to  state  if  said  lands  are  occupied,  and 
if  so,  by  whom;  also  amount  and  kind  of  improvements, 
together  with  the  legal  subdivisions,  township  and  range. 
And  said  Assessors  shall  make  return  of  such  assessments 
to  the  Boards  of  Supervisors  at  the  same  time  and  in  the 
same  manner  that  returns  are  made  of  other  lands.    There 
shall  be  stated  in  such  return  the  assessed  value  of  all  legal 
subdivisions  of  such  lands.    The  Supervisors  shall,  upon 
receipt  of  said  return,  proceed  to  lease  said  land  to  any 
citizen  of  this  Territory,  or  anyone  who  has  declared  his 
intention  to  become  such,  but  not  more  than  one  section 
to  any  one  man,  or  corporation,  or  company,  upon  the 
payment  to  the  Board  of  Supervisors  of  not  more  than 
two  and  one-half  per  cent  of  the  amount  of  such  valuation, 
which  shall  be  the  rental  value  of  said  land  each  year. 
Anyone  paying  such  amount  annually  shall  be  entitled  to 
a  lease  of  such  land  for  a  term  not  exceeding  five  years,  or 
until  the  admission  of  the  Territory  into  the  Union  as  a 
State. 

14.  The  Supervisors  shall  have  power  to  revise  and 
correct  any  assessment  when  found  necessary. 

15.  Anyone  wishing  to  lease  any  School  or  University 
Land,    shall    make    application    to    the    Supervisors,    in 
writing,  on  blanks  to  be  furnished  by  the  Board  of  Super- 
visors, giving  a  description  of  the  land,  where  located, 
section,  township,  range  and  county,  and  stating  if  occu- 
pied, if  so,  by  whom ;  and  the  Supervisors,  upon  receipt  of 
said  application,  shall  notify,  if  said  land  is  not  occupied, 
the  party  wishing  to  lease,  the  leasing  value  of  said  land. 
If  said  lands  are  occupied,  the  Supervisors  shall  notify  the 


TERRITORY  OF  ARIZONA.  61 

occupant  of  said  land  that  he  must,  to  keep  possession  of 
said  land,  pay  said  leasing  value  and  take  a  lease  of  said 
land,  or  that  the  Supervisors  will  proceed  to  appoint 
appraisers  to  appraise  said  improvement.  At  any  time 
prior  to  the  payment  of  the  appraisement  value  of  the 
improvements  and  cost  of  appraisement  to  the  Supervisors 
by  the  party  wishing  to  lease,  the  party  occupying  said 
land  can  hold  possession  by  taking  a  lease  and  paying  the 
dues  of  the  appraisers. 

16.  Anyone  occupying  School  Land  and  cultivating 
or  grazing  the  same  and  refusing  to  lease  or  pay  any  rent, 
said  rent  will  become  a  lien  upon  any  crops  or  personal 
property  he  or  they   may   own,  and   the  same  may   be 
collected  as  personal  property  taxes  are  collected  by  the 
County  Assessors. 

17.  The  Territorial  Superintendent  of  Public  Instruc- 
tion is  hereby  required  to  prepare  or  cause  to  be  prepared 
and  have  printed  the  book  and  blanks,  in  proper  form  and 
necessary  number  as  in  his  judgment  are  required  under 
the  provisions  of  this  Title  to  supply  the  needs  of  the  vari- 
ous counties. 

18.  The  Territorial  Auditor  is   herby   authorized  to 
draw   his   warrant  for  said   Superintendent  out  of  any 
money   that  is  in   the  Territorial   treasury,   out  of  said 
school  fund,  and  he  shall  furnish  said  blanks  and  books  to 
the  Boards  of  Supervisors  in  such  number  and  quantities 
as  in  his  judgment  they  will  require,  or  upon  a  requisition 
signed   by  the  Clerk  of  the  Board  of  Supervisors  of  any 
county.     He    shall    report  to    the  Territorial   Treasurer 
annually,  on  or  before  the  first  day  of  January,  showing 
the  cost  of  books  and  blanks,  the  number  furnished  to  each 
county,  the  total  number  printed,  and  such  other  informa- 
tion as  he  may  deem  necessary. 

19.  The  Supervisors  shall  at  the  end  of  each  month 
pay  into  the  Territorial  treasury  all  moneys  collected,  and 
must  state  in  their  report  to  the  Treasurer  the  amount  of 
funds  received  from  School  Lands  and  the  amount  from 
University  Lands. 

20.  The  Supervisors  shall,  on  or  before  the  first  day  of 
December  in  each  year,  make  an  extended   report  to  the 


62  PUBLIC  SCHOOL  LAWS, 

Territorial  Treasurer,  showing  the  amount  of  land  leased 
in  their  respective  counties,  the  value  of  lands,  to  what 
fund  they  belong,  and  the  total  amount  leased  in  each 
county,  and  the  expense,  if  any,  and  the  amount  of  money 
turned  into  the  School  and  University  Funds.  Said  report 
shall  contain  such  other  information  as  they  may  consider 
necessary. 

21.  The  Territorial  Treasurer  shall,  on  or  before  the 
first  day  of  January  of  every  year,  report  to  the  Territorial 
Auditor  the  total  amount  of  School  and  University  Lands 
leased,  the  number  of  acres  of  each  and  their  value,  and  the 
amount  of  money  turned  into  each  fund. 

22.  Anyone    making   permanent    improvements    on 
School  or  University  Lands  after  leasing  the  same  shall 
have  them  appraised  and  be  allowed  compensation  there- 
for   at    the    expiration   of  lease;    or  anyone  having    to 
surrender  leased  lands  before  expiration  of  lease  shall  be 
entitled  to  all  the  benefits  of  this  section. 

23.  All  Acts  in  conflict  herewith  are  hereby  repealed, 
and  this  Act  shall  be  in  force  from  and  after  September  1, 
1901. 


ARBORICULTURE. 

(TITLE  4.) 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  Terri- 
tory of  Arizona  : 

SECTION  1.  In  the  counties  of  Apache,  Navajo,  Coco- 
nino,  Mohave  and  Yavapai  the  Friday  following  the  first 
day  of  April  in  each  year,  and  in  all  other  counties  of  this 
Territory  the  Friday  following  the  first  day  of  February 
in  each  year  shall  hereafter  be  known  as  Arbor  Day,  and 
shall  be  observed  as  a  holiday. 

2.  It  shall  be  the  duty  of  the  Governor  to  make 
proclamation  setting  forth  the  provisions  of  the  preceding 
section,  and  recommending  that  the  Arbor  Day  established 
be  observed  by  the  people  of  the  Territory  of  Arizona  in 
the  planting  of  trees,  shrubs  and  vines,  in  the  promotion 
of  forest  and  orchard  growth  and  culture,  in  the  adorn- 
ment of  public  and  private  grounds,  places  and  ways,  and 


TERRITORY   OF   ARIZONA.  63 

in  such  other  efforts  and  undertakings  as    shall    be  in 
harmony  with  the  character  of  the  day  so  established. 

3.  In  order  that  the  children  in  our  public  schools 
shall  assist  in  the  work  of  adorning  the  school  grounds 
with  trees,  and  to  stimulate  the  minds  of  children  towards 
the  benefits  of  the  preservation  and  perpetuation  of  our 
forests  and  the  growing  of  timber,  it  shall  be  the  duty  of 
the  authorities  in  every  public  school  in  the  Territory  of 
Arizona  to  assemble  the  pupils  in  their  charge  on  the 
above  day  in  the  school  building  or  elsewhere,  as  they  ma}' 
deem  proper,  and  to  provide  for  and  conduct,  under  the 
general  supervision  of  the  County  School  Superintendents, 
to  have  and  to  hold  such  exercises  as  shall  tend  to  encour- 
age the  planting,  protection  and  preservation  of  trees  and 
shrubs,  and  an  acquaintance  with  the  best  methods  to  be 
adopted   to  accomplish  such  results;   and  that  the  trees 
may  be  planted  around  the  school  buildings,  and  that  the 
grounds  around    such  buildings  may  be  improved  and 
beautified ;  such  planting  to  be  attended  with  appropriate 
and   attractive  ceremonies,  that  the  day  may  be  one  of 
pleasure  as  well  as  one  of  instruction  for  the  young ;  all  to 
be  under  the  supervision  and  direction  of  the  teacher,  who 
shall  see  that  the  trees  and  shrubs  are  properly  selected 
and  set. 

4.  The  County  School  Superintendent  of  each  county 
shall  from  year  to  year  prescribe  a  course  of  exercises  and 
instructions    in  subjects    hereinbefore    mentioned,   which 
shall   be  adopted  and  observed    by  said    public    school 
authorities  on  Arbor  Day. 

5.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  September  1,  1901. 


EXTRACTS  FROM  PENAL  CODE. 

SECTION  587.     Penalty  for  insulting  a  SEC.  590.      Trustees  must  not  be  in- 

teacher.  terested  in  contract,  punishment  for. 

SEC.  588.     Disturbing  school.  SBC>  591.      Penalty  for  making  false 

SEC.  589.     If  trustees  refuse  to  enforce  report.     Teacher,  trustee,  treasurer, 

use  of  text  books,  etc.,  punishment  of.  census  marshal  or  anyschool  officer. 

SECTION  587.    Any  parent,  guardian  or  other  person 
who  shall  insult  or  abuse  any  teacher  in  the  presence  of 


64  PUBLIC  SCHOOL  LAWS, 

the  school  shall  be  guilty  of  a  misdemeanor,  and  be  liable 
to  a  fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  not  exceeding  three  months. 

SEC.  588.  Any  person  who  shall  wilfully  disturb  any 
public  school  or  any  public  school  meeting  shall  be  guilty 
of  a  misdemeanor  and  be  liable  to  a  fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars,  or  by  imprison- 
ment not  exceeding  three  mouths. 

SEC.  589.  If  the  trustees  of  any  district  refuse  to 
enforce  the  use  of  the  text  books  that  maybe  prescribed,  or 
use  any  other  books  in  any  of  the  prescribed  studies,  such 
refusal  or  neglect  shall  be  deemed  a  misdemeanor,  punish- 
able by  a  fine  not  exceeding  one  hundred  dollars  or  by 
imprisonment  not  to  exceed  three  months,  and  removal 
from  office. 

SEC.  590.  No  school  trustee  shall  be  interested, 
directly  or  indirectly,  in  any  contract  made  by  the  Board 
of  Trustees  of  which  he  is  a  member,  and  any  contract 
made  in  violation  of  this  section  shall  be  null  and  void, 
and  any  Trustee  so  interested  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  in  a  sum 
not  to  exceed  three  hundred  dollars  or  imprisonment  in 
the  county  jail  for  three  months,  or  by  both  such  fine  and 
imprisonment,  and  be  removed  from  office. 

SEC.  591.  Any  teacher,  trustee,  treasurer,  census 
marshal  or  school  officer  who  shall  knowingly  make  a 
false  report  to  a  County  School  Superintendent  or  to  the 
Superintendent  of  Public  Instruction,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  to  exceed  five  hundred  dollars 
or  imprisonment  in  the  county  jail  for  three  months,  or  by 
both  such  fine  and  imprisonment. 


TERRITORY  OF  ARIZONA.  65 

FORMS  NOT  SUPPLIED  IN  THE  SHAPE  OF  BLANKS. 

No.  1. 

Form  of  notice  of  annual  election  of  School  Trustees. 

ELECTION  NOTICE. 

(See  Section  43.) 

Notice  is  hereby  given  to    the    qualified    electors  of 

School  District  No ,  County  of 

,  that  the  annual  school  meeting  for 

the  election  of  a  School  Trustee  will  be  held  on  the  last 

Saturday  in  March,  190 ,  at  the  public  school  house  of 

said  district.     The  polls  will  be  open  between  the  hours  of 
9  o'clock  a.  m.  and  4  o'clock  p.  m. 


School  Trustees. 
Dated 190 

NOTE.— This  notice  must  be  posted  not  less  than  fifteen  days  before  the  day 
of  election. 

No.  2. 

Form  of  notice  or  advertisement  of  a,  district  election  for  voting  a 
tax  to  furnish  additional  school  facilities,  etc. 

ELECTION  NOTICE. 

Notice  is  hereby  given   to    the    qualified    electors   of 

School  District  No. ....,  County  of 

,  Territory  of  Arizona,  that  an  election 

will  be  held  on  the day  of ,  at 

which  will  be  submitted  the  question  of  voting  a  tax  to 
maintain  a  free  school  (or  build  a  school  house.) 

It  will  be  necessary  to  raise  for  this  purpose  the  sum 
of$ 

The  polls  will  be  open  at  the  public  school  house 
between  the  hours  of....  and.... 


District  School  Trustees. 
Dated ...  190 

NOTB. — The  date  must  be  twenty  days  befote  election. 


66 


PUBLIC   SCHOOL  LAWS, 


No.  3. 


Form  of  a  petition  of  parents  and  guardians  who  desire  to  form  a 
new  district  from  parts  of  one  or  more  old  ones. 

( See  Sections  36  and  37.) 

To ,  County  Superintendent  of  Schools, 

County : 

We,  the  undersigned,  residents  of  District  (or  Districts) 

No ,  respectfully  represent  that  we  desire  to  form 

a  new  district,  with  boundaries  as  follows,  viz:  (Here 
describe  the  proposed  bounds.)  We  further  declare  that 
collectively  we  are  the  parents  or  guardians  of  at  least  ten 
children  of  school  age  residing  at  a  greater  distance  than 
two  miles  from  any  district  school  house,  and  we  hereby 
certify  that  the  list  of  names  of  persons  of  school  age, 
which  is  attached  to  and  made  part  of  this  petition,  is 
a  correct  list  of  all  such  persons  residing  in  the  proposed 
district : 


NAME 


NAME 


NAMES  OF   PBRSONS   OF   SCHOOL  AGE 
(  Giving  ages  of  each.) 


TERRITORY   OF   ARIZONA.  67 

RULES  AND  REGULATIONS 

FOR  THE  GOVERNMENT  OF  THE  PUBLIC  SCHOOLS  OF  ARI- 
ZONA TERRITORY,  ADOPTED  BY  THE  TERRI- 
TORIAL BOARD  OF  EDUCATION. 

1.  Teacher  present  at  school  room.        12.     Pupils   must    have   books;    indi- 

2.  Daily  school   session,  recess,  etc.  Sen*  children. 

3.  Session  in  primary  and  ungraded        13.     Injury  to  school  property. 

schools.  14      cleanliness  and  neatness. 

4.  Detention  of  pupils.  15      Contagiotl9  diseases. 

5.  Responsibilities  of  principals  and 

teachers.  16-     Books  used  and  studies  pursued. 

6.  Care  of  pupils  during  recesses.  17.     Teacher  to  read  regulations. 

7.  Care  of  pupils  going  and  return-        18.     Calisthenics  and  breathing  exer- 

ing.  cises. 

8.  Rules  for  yards,  buildings,  etc.  19.     Supplies  to  be  provided. 

9.  Ventilation     and      temperature;        2O.    Janitor. 

supervision  over  text  books.  21.     Teacher    to    report     to     County 

10.  Pupils  to  be  registered.  Superintendent. 

11.  Excuses    for    absence,    tardiness,        22.     School  register  must  be  properly 

etc.  kept. 

1.  The  teachers  are  required   to  be  present  at  their 
respective  school  rooms  and  to  open  them  for  the  admis- 
sion of  the  pupils   at    fifteen    minutes    before    the    time 
prescribed     for    commencing     schools    and    to    observe 
punctually  the  hours  for  opening  and  closing  school. 

2.  The    daily  school    session    shall    commence   at  9 
o'clock  a.  m.  and  close  at  4  o'clock  p.  m.,  with  an  inter- 
mission at  noon  of  one  hour,  from  12  m.  tol  o'clock  p.  m. 
There  shall  be  allowed  a  recess  of  twenty  minutes  in  the 
forenoon  session  —  from  10:40  to  11  o'clock;  and  a  recess 
of  twenty  minutes  in  the  afternoon  session  —  from  2:40  to 
3  o'clock.     When  boys   and  girls  are  allowed  separate 
recesses,  fifteen  minutes  shall  be  allowed  for  each  recess. 

3.  In  graded  primary  schools  in  which  the  average 
age  of  the  pupils  is  eight  years,  the  daily  session  shall  not 
exceed  four  hours  a  day,  exclusive  of  the  intermission  at 
noon  and  inclusive  of  the  recesses.    If  such  schools  are 
opened  at  9  o'clock  a.  m.,  they  shall  be  closed  at  2  o'clock 
p.  m.     In  ungraded  schools  all  children  under  eight  years 
of  age  shall  be  either  dismissed  after  a  four  hours'  session, 
or  allowed  recesses  for  play  of  such  length  that  the  actual 
confinement  in  the  school   room   shall  not  exceed  three 
hours  and  a  half. 

4.  No  pupil  shall   be  detained   in  school   during  the 
intermission  at  noon,  and  a  pupil  detained  at  any  recess 


68  PUBLIC   SCHOOL  LAWS, 

shall  be  permitted  to  go  out  immediately  thereafter.  All 
pupils,  except  those  detained  for  punishment,  shall  be 
required  to  pass  out  of  the  school  rooms  at  recess,  unless 
it  would  occasion  an  exposure  of  health. 

5.  Principals  and  teachers  shall   be  held  responsible 
for  the  general  management  and  discipline  of  their  schools 
and  the  studies  pursued  ;  and  the  assistant  teachers  shall 
follow  the  directions  of  the  principals  and  co-operate  with 
them,  not  only  during  school  hours  but  during  the  time 
when  the  pupils  are  on  the  school  premises  before  and  after 
school    and    during    recesses.     Assistants    shall    be    held 
responsible  for  the  studies,  order  and   discipline  of  their 
own  rooms  under  the  general  direction  of  the  principals. 

6.  Teachers  are  particularly  enjoined  to  devote  their 
time  faithfully  to  a  vigilant  and  watchful  care  over  the 
conduct  and    habits  of  the  pupils  during  the  time  for 
relaxation  and  play  before  and  after  school  and  during  the 
recesses,  both  in  the  school  buildings  and   on  the  play 
grounds. 

7.  It  is  expected   that   the  teachers  will  exercise  a 
general  inspection  over  the  conduct  of  the  scholars  going 
to   and   returning   from   school.     They  shall  exert  their 
influence  to  prevent  all  quarreling  and  disagreement,  all 
rude  and  noisy  behavior  in   the  streets,  all   vulgar  and 
profane  language,  all  improper  games,  and  all  disrespect 
to  citizens  and  strangers. 

8.  Teachers  shall  prescribe  such  rules  for  the  use  of 
yards,  basements   and   outbuildings  connected  with  the 
school  houses  as  shall  insure  their  being  kept  in  a  neat  and 
proper  condition,  and  shall  examine  them  as  often  as  may 
be  necessary  for  such   purpose.     Teachers  shall  be  held 
responsible  for  any  want  of  neatness  and  cleanliness  about 
their  school  premises. 

9.  Teachers  shall  give  vigilant  attention  to  the  ven- 
tilation and  temperature  of  their  school  rooms.     At  each 
recess  the  windows  and   doors  shall   be  opened   for  the 
purpose  of  changing  the  atmosphere  of  the  room.   Teachers 
are  required   to  exercise  reasonable  supervision  over  the 
text  books  of  the  pupils,  to  inspect  the  same  from  time  to 
time  and  prevent  their  defacement  or  wanton  destruction. 


TERRITORY   OF   ARIZONA.  69 

10.  Teachers  shall  enter  in  the  school  register,  in  the 
order  of  their  application,  the  names  of  all  those  applying 
for  admission  to  the  school  after  the  prescribed  number  of 
pupils  has  been  received.    Such  applicants  shall  be  admitted 
to  seats  whenever  a  vacancy  occurs  in  any  class  for  which 
they  have  been  found  duly  qualified,  in  the  order  of  their 
registration. 

11.  Teachers  shall  require  excuses  from  the  parents 
or  guardians  of  pupils,  either  in  person  or  by  written  note, 
in  all  cases  of  absence  or  tardiness  or  of  dismissal  before 
the  close  of  school.    Sickness  of  the  pupils  or  in  the  family, 
or  some  urgent  cause  rendering  attendance  and    punc- 
tuality impossible    or   extremely  inconvenient,  shall    be 
regarded  as    the  only  legitimate  excuse  for  absence  or 
tardiness. 

12.  No  pupil  shall  be  allowed  to  retain  connection 
with  any  public  school  unless  furnished  with  books,  slates 
and  other  utensils  required  to  be  used  in  the  class  to  which 
he  belongs;  provided,  that  no  pupil  shall  be  excluded  for 
such  cause  unless  the  parent  or  guardian  shall  have  been 
furnished  by  the  teacher  with  a  list  of  books  or  articles 
needed,  and  one  week  shall  have  elapsed  after  such  notice 
without  the  pupil  obtaining  said  books.    Books  may  be 
furnished    to  indigent  children   by  the  Trustees  at   the 
expense  of  the  district,  whenever  the  teacher  shall  have 
certified  in  writing  that  the  pupil  applying  is  unable  to 
purchase  such  books. 

13.  Any  pupil  who  shall  in  any  way  cut  or  otherwise 
injure  any  school  house,  or  injure  any  fences,  trees  or  out- 
buildings belonging  to  any  of  the  school  estates,  or  shall 
write  any  profane  or  obscene    language,  or  make  any 
obscene  pictures  or  characters  on  the  school  premises, 
shall  be  liable  to  suspension,  expulsion  or  other  punish- 
ment, according  to  the  nature  of  the  offense.    The  teacher 
may  suspend  a  pupil  temporarily  for  such  offense,  and 
shall  notify  the  Trustees  of  said  action.     Pupils  shall  not 
be  allowed  to  remain  in  any  of  the  rooms  that  are  pro- 
vided with  improved  styles  of  furniture,  except  in  the 
presence  of  a  teacher  or  a  monitor,  who  is  made  especially 
responsible  for  the  care  of  the  seats  and  desks.   All  damage 


70  PUBLIC  SCHOOL  LAWS, 

done  to  school  property  by  any  of  the  pupils  shall  be 
repaired  at  the  expense  of  the  party  committing  the 
trespass.  Within  one  week  of  any  damage  to  school 
property,  teachers  shall  notify  the  Trustees  or  be  held 
personally  responsible. 

14.  All    pupils  who  go  to    school  without    proper 
attention  having  been   given   to   personal  cleanliness  or 
neatness    of  dress,    shall    be  sent  home  to  be  properly 
prepared  for  school,  or  shall  be  required  to  prepare  them- 
selves for  the  school  room  before  entering.    Every  school 
room  shall    be   provided  with  a  washbasin,  soap    and 
towels. 

15.  No  pupils  affected  with  any  contagious  disease 
shall  be  allowed  to  remain  in  any  of  the  public  schools. 

16.  The  books  used  and  the  studies  pursued  shall  be 
such,  and  such  only,  as  may  be  authorized  by  the  Board 
of  Education;  and  no  teacher  shall  require  or  advise  any 
of  the  pupils  to  purchase  for  use  in  the  schools  any  book 
not  contained  in  the  list  of  books  directed  and  authorized 
to  be  used  in  the  schools. 

17.  It  shall  be  the  duty  of  the  teachers  of  the  schools 
to  read  to  the  pupils,  from  time  to  time,  so  much  of  the 
school  regulations  as  apply  to  them,  that  they  may  have 
a  clear  understanding  of  the  rules   by   which  they   are 
governed. 

18.  In  all  primar}'  schools  exercises  in  free  calisthenics 
and  vocal  and  breathing  exercises  shall  be  given  at  least 
twice  a  day  and  for  a  time  not  less  than  from  three  to  five 
minutes  for  each  exercise. 

19.  The  following  supplies  shall  be  provided  by  the 
District  Clerk,  under  the  provisions  of  Section  87,  on  the 
written  requisition  of  the  teachers,  viz :    Clocks,  brooms, 
dusting    brushes,   washbasins,   water  buckets,  tin  cups, 
dustpans,  matches,  ink,    ink    bottles,    pens,   penholders, 
pencils,  crayon  chalk,  handbells,  coal  buckets  or  wood 
boxes,  shovels,  pokers,  soap,  towels,  thermemetors,  door 
mats  and  scrapers. 

20.  Trustees  are  required  to  employ  a  suitable  person 
to  sweep  and  take  care  of  the  school  house,  and  they  shall 


TERRITORY   OF  ARIZONA.  71 

make  suitable  provision   for  supplying  the  school  with 
water. 

21.  It  shall  be  the  duty  of  the  teachers  to  report  to 
the  County  Superintendent  the  books  used  in  their  schools, 
together  with  the  number  of  pupils  in  the  several  divisions 
of  each  grade.    This  report  must  be  made  at  the  beginning 
and  close  of  each  school  session  or  year. 

22.  The  District  Clerk,  at  the  close  of  each  term  of 
school,  or  whenever  a  teacher  is  discharged,  shall  certify 
on  the  back  of  the  order  for  the  last  month's  salary  that 
the  School  Register  has  been  properly  kept. 


RULES  FOR  PUPILS. 

1.  Must  attend  regularly,  etc.  5.     A.bsence    for    one    week    deprives 

2.  Excuse  for  absence.  pupils  of  membership. 

3.  To  be  placed  in  grade  below  when.  6-     Each  scholar  to  have  desk. 

4.  Pupils  may  leave  school  when. 

1.  Every  pupil  is  expected  to  attend  school  punc- 
tually and  regularly  ;  to  conform  to  the  regulations  of  the 
school   and   to   obey   promptly  all  the  directions   of  the 
teacher ;  to  observe  good  order  and  propriety  of  deport- 
ment ;  to  be  diligent  in  study,  respectful  to  teachers  and 
kind  and  obliging  to  schoolmates;  to  refrain  entirely  from 
the  use  of  profane  and  vulgar  language,  and  to  be  clean 
and  neat  in  person  and  clothing. 

2.  Pupils  are  required  in  all  cases  of  absence  to  bring 
on  their  return  to  school  an  excuse  in  writing  from  their 
parents    or    guardians,    assigning    good    and    sufficient 
reasons  for  such  absence. 

3.  All  pupils  who  have  fallen  behind  their  grade  by 
absence  or  irregularity  of   attendance,  by  indolence  or 
inattention,  shall  be  placed  in  the  grade  below  at  the 
discretion  of  the  teacher. 

4.  No  pupil  shall  be  permitted   to  leave  school  at 
recess,  or  at  any  other  time  before  the  regular  hour  for 
closing  school,  except  in  case  of  sickness  or  on  a  written 
request  of  parent  or  guardian. 


72  PUBLIC  SCHOOL  LAWS, 

5.  Any  scholar  who  shall  be  absent  one  week  without 
giving  notice  to  the  teacher  shall  lose  all  claim   to   his 
particular  desk  for  the  remainder  of  the  term  and  shall  not 
be  considered  a  member  of  the  school. 

6.  Each  scholar  shall  have  a  particular  desk  and  shall 
keep  the  same,  and  the  floor  beneath,  in  a  neat  and  orderly 
condition. 


INSTRUCTIONS  TO  TEACHERS. 

1.  Should    become    acquainted   with        5.     How  to  conduct  a  recitation. 

parents,  etc.  6      Teacher  should   be  interested  and 

2.  Make  special  preparation.      Mor-  animated. 

als,  manners,  deportment.  7>     Excessive  or  cruel  punishment. 

3.  Explanation  of  lesson. 

4.  Text    books    for    reference     only. 

Original  work. 

1.  Teachers  will  endeavor  to  make  themselves  ac- 
quainted with  parents  and  guardians  in  order  to  secure 
their  aid  and  co-operation,  and  to  better  understand  the 
temperaments,  characteristics  and  wants  of  the  children. 

2.  Teachers  shall  daily  examine  the  lessons  of  their 
various  classes  and  make  such  special  preparation  upon 
them,  if  necessary,  as  not  to  be  constantly  confined  to  the 
text  book ;  and  instruct  all  their  pupils,  without  par- 
tiality, in  those  branches  of  school  studies  which  their 
various  classes  may  be  pursuing.    In  all  their  intercourse 
with  their  scholars  they  are  required  to  strive  to  impress 
on  their  minds,  both  by  precept  and  example,  the  great 
importance  of  contined  effort  for  improvement  in  morals, 
manners  and  deportment,  as  well  as  in  useful  learning. 

3.  Teachers  should  explain  each  new  lesson  assigned, 
if  necessary,  by  familiar  remarks  and  illustrations,  that 
every  pupil  may  know,  before  he  is  sent  to  his  seat,  what 
he  is  expected  to  do  at  the  next  recitation  and  ho  wit  is  to 
be  done. 

4.  Teachers  should  only  use  the  text  book  for  occa- 
sional reference,  and  should  not  permit  it  to  be  taken  to  the 
recitation  to  be  referred  to  by  the  pupils,  except  in  cases 
of  such  exercises  as  absolutely  require  it.    They  should 


TERRITORY  OF  ARIZONA,  73 

assign  questions  of  their  own  preparing,  involving  an 
application  of  what  the  pupils  have  learned  to  the  business 
of  life. 

5.  Teachers  should  endeavor  to  arouse  and  fix  the 
attention  of  the  whole  class,  and  to  occupy  and  to  bring  into 
action  as  many  of  the  faculties  of  their  pupils  as  possible. 
They  should  never  proceed  with   the  recitation  without 
the  attention  of  the  whole  class,  nor  go  round  the  class 
with  recitation   always  in  the  same  order  or  in  regular 
rotation. 

6.  Teachers  should  at  all  times  exhibit  proper  ani- 
mation themselves,  manifesting  a  lively  interest  in  the 
subject  taught;   avoid  all  heavy,  plodding  movements, 
all  formal  routine  in  teaching,  lest  the  pupil  be  dull  and 
drowsy  and  imbibe  the  notion  that  he  studies  to  recite. 

7.  Any  teacher  who  may  inflict  excessive  or  cruel 
punishment  upon  pupils  will  be  subject  to  removal,  and 
Boards  of  Trustees  must,  upon  complaint  of  parent  or 
guardian,  at  once  investigate,  and  if  in  their  judgment  this 
rule  has  been  violated,  inflict  the  penalty. 


RULES  FOR  DISTRICT  LIBRARIES. 

1.  Librarian,  duties  of.  7.  Losing  or  destroying  a  book. 

2.  Shall  be  open  when.  8.  Refusing  to  pay  penalty. 

3.  Who  entitled  to  privileges.  9.  Librarian  must  report. 

4.  Not  entitled  to  two  books.  1O.  Non-resident  entitled  to  library 

5.  Must  not  loan  books.  privilege  when. 

6.  Must  not  retain  books;    penalty 

for  doing  so. 

1.  The   librarian    appointed    by  the  Trustees    shall 
properly  label  and  number  each  book  in  the  district  library 
and  keep  a  catalogue  of  the  same,  showing  the  title  and 
number  of  each  book. 

2.  The  library  shall  be  open  for  drawing  and  return- 
ing books  (here  insert  such  time  as  may  be  determined  by 
the  Trustees  and  librarian). 

2.    Every  child  attending  school  shall  be  entitled  to 
the  privileges  of  the  library ;  but  when  the  number  of 


74  PUBLIC   SCHOOL  LAWS, 

books  is  insufficient  to  supply  all  the  pupils,  the  librarian 
shall  determine  the  manner  in  which  books  maybe  drawn. 

4.  No  person  shall  be  entitled  to  two  books  from  the 
library,  and  no  family  shall  draw  more  than  one  book 
while  other  families  wishing  books  remain  unsupplied. 

5.  No  person  shall  loan  a  library  book  to  anyone  out 
of  his  own  house  under  a  penalty  of  fifty  cents  for  each 
offense. 

6.  No   person  shall  retain  a  book   from   the  library 
more  than  two  weeks  under  a  penalty  of  ten  cents  for  each 
day  he  may  so  retain  it,  and  no  person  may  draw  the 
same  book  a  second  time  while  any  other  person  wishes  to 
draw  it. 

7.  Any  person  losing  or  destroying  a  library  book 
shall  pay  the  cost  of  such  book  and  a  fine  of  fifty  cents, 
and  any  person  injuring  a  book  by  marking,  tearing  or' 
unnecessarily  soiling  it,  shall  be  liable  to  a  fine  of  not  less 
than  ten  cents  nor  more  than  the  cost  of  the  book,  to  be 
determined  by  the  librarian. 

8.  Any   person  refusing  or  neglecting    to    pay   any 
penalty  or  fine  shall  not  be  allowed   to  draw  any  book 
from  the  library. 

9.  The  librarian  shall   report  to  the  Trustees   quar- 
terly the  amount  of  fines  imposed  and  collected  and  the 
amount  received   for  membership   dues,  and   all   moneys 
accruing  from   these  sources  shall   be  expended    for   the 
purchase  or  repair  of  books. 

10.  Any  person,  other  than  pupils  attending,  resident 
in  the  school  district,  may  become  entitled  to  the  privi- 
leges of  the  school  library  by  the  pa3^ment  of  an  annual  or 
monthly  fee,  as  prescribed  by  the  Trustees. 


GRADE  OF  SCHOOLS,  ETC 

i 

1.  The  course  of  study,  adopted  by  the  Board  of 
Education,  in  September,  '1899,  tinder  the  authority  of 
Subdivision  Fourth  of  Section  3,  Chapter  1,  of  the  School 


TERRITORY   OF   ARIZONA.  75 

Laws,  clearly  defines  a  primary,  a  grammar  and  a  high 
school.  Each  grade  covers  a  period  of  four  years.  The 
advanced  course,  outlined  in  said  course  of  study,  is 
intended  for  country  or  village  schools,  and  the  studies 
enumerated  therein  are  authorized  to  be  taught  in  addi- 
tion to  those  required  by  law,  but  such  additional  studies 
shall  not  be  pursued  to  the  neglect  or  exclusion  of  the 
studies  enumerated  in  Section  85  of  the  School  Law. 

2.  The  words  " first  grade"  in  Subdivision  2  of  Sec- 
tion 107  is  construed  to  mean  the  fourth  year  of  the 
grammar  grade,  as  outlined  in  the  course  of  study ;  hence, 
holders  of  second  grade  territorial  certificates  are  eligible 
to  teach  in  primary  schools  and   to  act  as  assistants  in 
grammar  schools,  except  in  the  last  year  of  the  grammar 
school  course. 

3.  The  Board  of  Education  has  not  adopted  text 
books  for  use  in  the  advanced    course,   and   until  such 
adoption  has  been  made,  Boards  of  Trustees  are  at  liberty 
to   make  their  own   selections,  subject,  however,  to   the 
approval  of  the  County  School  Superintendent, 


BERKELEY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

Books  not  returned  on  time'  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  increasing 
to  $1.00  per  volume  after  the  sixth  day.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  of  loan  period. 


20m-l,'22 


VC  06622 


381358 

2-B 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


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